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PEOPLE v. TETRAULT

2007-03048.

2008 NY Slip Op 06219

THE PEOPLE, ETC., respondent, v. ALFRED TETRAULT, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Matthew Muraskin, Huntington, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.

Before: PETER B. SKELOS, J.P., HOWARD MILLER, EDWARD D. CARNI, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The Supreme Court did not err in admitting the horizontal gaze nystagmus (hereinafter HGN) field sobriety test administered by the arresting officer without conducting a Frye hearing (see Frye v. United States, 293 F 1013). "Such tests have been found to be accepted within the scientific community as a reliable indicator of intoxication and, thus, a court may take judicial notice of...

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