People v. Torruella

Defendant was convicted, after bench trial, of driving with BAC of 0.08 or more. Court properly admitted as a business record a report of accuracy checks performed on instrument used to administer breath test. State had filed motion in limine seeking admission of accuracy checks as business records, with attached verified certification signed by recordkeeper. That certification was dated two years after records were created did not render records inadmissible, as certification indicated that records were created at or near time of matters set forth in records, which were dated in months of and after Defendant's arrest. Officer's testimony that logbook and printouts of automated accuracy checks were retained in regular course of business was sufficient to lay foundation for admission of printouts. Court properly sustained State's objections to testimony of expert, who was qualified in areas of Intox EC/IR machines and standardized field sobriety tests (FSTs), about accuracy of Defendant's breath test result in light of his performance on FSTs. (SCHOSTOK and SPENCE, concurring.)