People v. Ramrup

In People v. Ramrup, 45 Misc 3d 1227[A], 2014 NY Slip Op 51740[U] [Sup Ct, Bronx County 2014] the defendant sought "all records ...relating to the maintenance, calibration, inspection, check and/or other tests performed on the Intoxilyzer 5000EN that was utilized (one year prior to and six months following defendant's arrest); the certification certificate of the Intoxilyzer 5000EN operator; all documents relating to the preparation and testing of the simulator solution; the forensic method utilized in the production of the simulator solution; the standard operating procedures for the production of all simulator solutions utilized in defendant's testing; and the actual chromatograms for the headspace gas chromatography." Id. The Court, noting that the case against the defendant relied heavily on the results of the Intoxilyzer 5000EN, ruled that the defendant was "entitled to the documents which he seeks" and found that the "demand was neither overbroad nor extensively burdensome." Id. The Court granted the defendant's motion to compel disclosure and directed the People to provide, inter alia, all records related to the maintenance, calibration, inspection, check and/or other tests performed on the Intoxilyzer 5000EN used for the time period one year prior to and six months following defendant's arrest. In granting the defendant's motion, the court noted that the People's case against the defendant relied heavily upon the results of the Intoxilyzer 5000EN and as such the defendant was entitled to the documents. The court further held that the defendant's demand was "neither overbroad nor extensively burdensome" and was rather, "specific, reasonable, and entirely related to the operation of the Intoxilyzer used." (Ramrup, 45 Misc 3d 1227(A), 5 NYS3d 329, 2014 NY Slip Op 51740(U) at 3.)