People v. Sirianni

Order reversed and matter remitted to Cattaraugus County Court for further proceedings, in accordance with the following memorandum: Defendant was arrested and charged with driving while intoxicated. During the ensuing Huntley hearing, the arresting officer testified that he discarded the handwritten notes he had made at the time of the arrest under the mistaken impression that the matter had been disposed of. Based upon the failure of the prosecution to produce the notes, the court suppressed the officer’s testimony. The People appeal from the order of suppression and we reverse. Here, as in…