Nassau County District Attorney Madeline Singas' office was thwarted Thursday in its bid to challenge a judge's order requiring it to turn over documents related to a drunken-driving case, a ruling of first impression that could require New York prosecutors to turn over millions of additional pages of discovery.

Singas' office must turn over research documents related to simulator solution, which is used to test the calibration of breath-test machines across the state, to the defense team for a man who is set to go to trial on a charge of driving while intoxicated, a panel of the Appellate Division, Second Department, ruled.

It was the first time that a New York appellate court found that a defendant is entitled to obtain the documents through discovery, said Donna Aldea, a partner at Barket Marion, who fought Singas' Article 78 challenge to a 2015 ruling by Nassau County Court Judge Andrew Engel.

An appellate panel composed of Justices L. Priscilla Hall, Jeffrey Cohen, Betsy Barros and Linda Christopher issued an unsigned, unanimous ruling on Wednesday stating that Engel acted within his authority by requiring Singas' office to produce the discovery materials.

BarketMarion partner Steven Epstein represents the defendant, Eugene Li, at the trial level.
Assistant District Attorneys Yael V. Levy and Joseph Mogelnicki appeared for the office. A spokeswoman for the office said it is reviewing the appellate court's decision and declined to comment further.

The Second Department's ruling dealt a second blow to Singas' office in its prosecution of the case as it moves to trial: Engel has hit the prosecution with an adverse inference sanction for failing to produce the simulator solution reports.

Engel rejected prosecutors' argument that Li is only entitled to records pertaining to his own breath at the time of the arrest—the request material includes data for breath-testing technology used by police across the state—and said the prosecution's argument that it not produce the records for discovery is, “at best, disingenuous.”

Prosecutors also argued that requiring production of the reports would put a “significant burden” on district attorneys' offices and the New York State Police and, by 2014 estimates, would require between 2.5 million and 2.9 million additional pages for DWI cases statewide.
But Aldea waved off that argument, saying that the reports are already prepared and that it would be a matter of prosecutors obtaining the report and producing it for discovery.
“They don't have to print pages,” Aldea said. “We're not killing trees.”

Aldea said she didn't know if the records would help Li's case, but said the purpose of discovery is to keep defense attorneys from having to take prosecutors at their word.

“It is important to allow us to independently assess whether those scientific conclusions were valid,” Aldea said.

Nassau County District Attorney Madeline Singas' office was thwarted Thursday in its bid to challenge a judge's order requiring it to turn over documents related to a drunken-driving case, a ruling of first impression that could require New York prosecutors to turn over millions of additional pages of discovery.

Singas' office must turn over research documents related to simulator solution, which is used to test the calibration of breath-test machines across the state, to the defense team for a man who is set to go to trial on a charge of driving while intoxicated, a panel of the Appellate Division, Second Department, ruled.

It was the first time that a New York appellate court found that a defendant is entitled to obtain the documents through discovery, said Donna Aldea, a partner at Barket Marion, who fought Singas' Article 78 challenge to a 2015 ruling by Nassau County Court Judge Andrew Engel.

An appellate panel composed of Justices L. Priscilla Hall, Jeffrey Cohen, Betsy Barros and Linda Christopher issued an unsigned, unanimous ruling on Wednesday stating that Engel acted within his authority by requiring Singas' office to produce the discovery materials.

BarketMarion partner Steven Epstein represents the defendant, Eugene Li, at the trial level.
Assistant District Attorneys Yael V. Levy and Joseph Mogelnicki appeared for the office. A spokeswoman for the office said it is reviewing the appellate court's decision and declined to comment further.

The Second Department's ruling dealt a second blow to Singas' office in its prosecution of the case as it moves to trial: Engel has hit the prosecution with an adverse inference sanction for failing to produce the simulator solution reports.

Engel rejected prosecutors' argument that Li is only entitled to records pertaining to his own breath at the time of the arrest—the request material includes data for breath-testing technology used by police across the state—and said the prosecution's argument that it not produce the records for discovery is, “at best, disingenuous.”

Prosecutors also argued that requiring production of the reports would put a “significant burden” on district attorneys' offices and the New York State Police and, by 2014 estimates, would require between 2.5 million and 2.9 million additional pages for DWI cases statewide.
But Aldea waved off that argument, saying that the reports are already prepared and that it would be a matter of prosecutors obtaining the report and producing it for discovery.
“They don't have to print pages,” Aldea said. “We're not killing trees.”

Aldea said she didn't know if the records would help Li's case, but said the purpose of discovery is to keep defense attorneys from having to take prosecutors at their word.

“It is important to allow us to independently assess whether those scientific conclusions were valid,” Aldea said.