Legal Opinion

People v. Cardenas

Appellate Terms of the Supreme Court of New York

Decided August 16, 1995Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Appeal from order entered August 3, 1993 dismissed as nonappealable.

Pursuant to CPL 450.20 (8) and 710.20 (5), the People’s right to appeal from an order suppressing evidence is, as here relevant, limited to a chemical test of the defendant’s blood administered in violation of the provisions of Vehicle and Traffic Law § 1194 (3). The order sought to be appealed from suppressed or, more precisely, excluded the admission of breathalyzer test results administered at the direction of the police under Vehicle and Traffic Law § 1194 (2) (see, People v Rosario, 136 Misc 2d 445;…

3Cases cited2 opinions

  1. People v. LaingNew York Court of Appeals · 1992
  2. People v. RosarioCriminal Court of the City of New York · 1987

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