In this DWI prosecution, the Third Department determined the People’s expert was not qualified to offer testimony about “reverse extrapolation,” but that the theory itself was sound:
[We reject defendant’s generalized challenge to] the theory of reverse extrapolation – the process by which an expert, taking into consideration, among other things, an individual’s known BAC at a particular point in time, renders an opinion as to the individual’s BAC at an earlier point in time. Assuming the expert in question is qualified and a proper foundation has been laid for such opinion, reverse extrapolation testimony may be…. Here, however, the People failed to lay a proper factual foundation for [the expert’s] testimony and, therefore, defendant’s objection in this regard should have been sustained. People v Menegan, 105337, 3rd Dept, 6-13-13