People v. Tejeda

In People v. Tejeda (Crim Ct, Bronx County, Feb. 4, 2015, Hornstein, J., docket No. 2014BX020711), the court directed the People, pursuant to CPL 240.20 (1) (k), to provide the defendant with inspection, calibration and repair reports for the Intoxilyzer 5000EN used for tests which immediately preceded and succeeded the defendant's test. The court further directed the People to provide the defendant with maintenance logs for the Intoxilyzer 5000EN used for the period of one month prior to and one month subsequent to the administration of the defendant's test. The court determined that the inclusion of the superlative adjective "most recent" to modify inspection, calibration, and repair records demonstrated the legislature's intent of imposing time limitations on the records to be disclosed.