People v. Greenfield

ON RECONSIDERATION

Before: MURRAY, RJ., and CAVANAGH and SAAD, JJ. SAAD, J.

The prosecution appeals by leave granted the circuit court’s order that affirmed the district court’s suppression of evidence of two DataMaster breath aleo*444hoi test results as a discovery sanction and that excluded the results from trial. We reverse.

I. NATURE OF THE CASE

The district court’s discovery order required the prosecution to produce a booking videotape of defendant’s DataMaster breath tests, and the court issued a discovery sanction for the prosecution’s failure to comply with its order. These orders raise two…