People v. Kelty

OPINION OF THE COURT

Harold Fertig, J.

Defendant made an omnibus motion to suppress a statement allegedly made by the defendant and the results of a breathalyzer test given to the defendant, on the grounds that it was illegally performed.

At the end of the hearing the defendant’s motion was denied as to the statement and the court found that the police had probable cause for the arrest and there was enough evidence for the jury to find that the breathalyzer test was performed within two hours after arrest. The court reserved decision on that portion of the motion which requested suppression of…