People v. Knack

OPINION OF THE COURT

Niehoff, J.

The question before us is whether there is authority to permit a court to suppress, on motion, evidence of a prior misdemeanor conviction where that prior conviction enhances a subsequent charge to felony status. The County Court answered the question "no”, and we agree.

THE FACTS

On January 17, 1984, in the District Court, First District, Suffolk County, the defendant pleaded guilty to (1) driving while intoxicated, as a misdemeanor, in violation of Vehicle and Traffic Law § 1192 (2), and (2) driving without a license. On March 2, 1984, he was sentenced to a term…