People v. Lin

Defendant was arrested for driving while intoxicated (DWI) and other offenses. The jury convicted Defendant of two counts of DWI. Appellate Term reversed and remitted for a new trial on those counts, concluding that Defendant’s Confrontation Clause rights were violated because the police officer who testified at trial regarding Defendant’s breath test did not personally administer the test, although he did directly observe the test. The Court of Appeals reversed, holding that no Confrontation Clause occurred under the facts of this case because the officer testified based on his own observations and inclusions, rather than as a surrogate for his partner, who administered the test, and none of the nontestifying officer’s hearsay statements were admitted against Defendant. View "People v. Lin" on Justia Law