Touro Law Review Volume 27 Number 3 Annual New York State Constitutional Article 18 Issue October 2011 City Court of New York, City of Watertown: People v. Carreira Michael J. Puma
[email protected] Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Constitutional Law Commons Recommended Citation Puma, Michael J. (2011) "City Court of New York, City of Watertown: People v. Carreira," Touro Law Review: Vol. 27 : No. 3 , Article 18. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol27/iss3/18 This Confrontation Clause is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact
[email protected]. Puma: City Court of New York, City of Watertown: People v. Carreira CITY COURT OF NEW YORK CITY OF WATERTOWN People v. Carreira' (decided January 12, 2010) Raven Carreira was arrested and charged with driving while intoxicated and aggravated driving while intoxicated. 2 Carreira con- tended that her Confrontation Clause rights under the United States and New York Constitutions' were violated when the People failed to "produce the authors of [breathalyzer certification records] for cross- examination."4 Therefore, the record's "admission and the . evi- dence [the records] support[ed]" should have been precluded.' The court granted the defendant's motion to preclude the evidence and held that the "simulator solution and calibration records [were] testi- monial for Sixth Amendment purposes and . inadmissible absent live testimony by those who prepared them."6 The prosecution sought to prove Carreira's intoxication by us- ing the evidence taken from the breathalyzer' administered to Carrei- 893 N.Y.S.2d 844 (Watertown City Ct.