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· 3/16/2022

Matter of A. Ottavino Prop. Corp. v. Incorporated Vil. of Westbury

Citations

  • 161 N.Y.S.3d 812
  • 203 A.D.3d 920
  • 2022 NY Slip Op 01786

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • fact that substances other than blood can trigger positive result in ortho-tolidine test goes to weight, not admissibility
  • evidence properly admitted where expert testified that presumptive ori/m-tolidine test used to detect blood was a screening test capable of producing false positives
  • defendant who agreed to accompany officers to station was not in custody during trip
  • evidence properly admitted where expert testified that presumptive ortho-tolidine test used to detect blood was a screening test capable of producing false positives
  • the court declined to condition the admissability of the results of a presumptive blood test (orthotolidine) on the availability of additional confirmatory evidence; that argument went only to the weight of the evidence, not to its admissibility
  • the court declined to condition the admissability of the results of a presumptive blood test (ortho-tolidine) on the availability of additional confirmatory evidence; that argument went only to the weight of the evidence, not to its admissibility

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.