After an Ostego County jury convicted him of two counts of driving while intoxicated, Brian Hulbert appealed claiming that he didn't get a fair trial because he wasn't allowed to cross-examine the guys who worked on the breathalyzer machine.
Apparently, the technicians had prepared reports which confirmed that the machine had been tested and was functioning properly. Hulbert contended that by allowing the jury to see those documents, without giving him a chance to question the people who issued them, his constitutional rights had been violated.
While the Sixth Amendment gives a party the right to cross-examine a witness when that individual's statements are "testimonial" in nature--that is, when the presentation is used to establish someone's guilt or innocence--the Appellate Division, Third Department, didn't think that constitutional standard applied to the government's equipment maintenance records.
That sure was testy.
To view a copy of the Appellate Division's decision, please use this link: People v. Hulbert