People v. Hampe

In People v. Hampe, 181 A.D.2d 238 (3d Dept.1992), defendant was arrested after the police conducted coordination tests in the field. The disputed breath test was administered at the police substation. The only question addressed in Hampe was whether the inclusion of a breath testing instrument in the list of devices approved by the Department of Health dispenses with the need for expert testimony as to the accuracy and reliability of the device. The Third Department's holding that expert testimony is not necessary to establish the foundation for admitting a breath test conducted with an approved instrument in no way concerns the admissibility of a test conducted in the field with such an instrument.