Cusanelli v. State

OPINION OF THE COURT

MARK A. SPEISER, Circuit Judge.

A. Statement of Facts

Appellant, who was arrested on May 21, 1984, for the offense of driving while under the influence, simple battery and possession of cannabis was scheduled for trial before County Court Judge Shutter on August 20, 1984, the last day of speedy trial. Neither the State nor the accused had moved for a continuance prior to or on August 20, 1984 and thus there had been no waiver of the statutory speedy trial period.

On July 3, 1984, Appellant filed a Motion to Suppress Breathalyzer and a Motion to Suppress Evidence of Chemical…