City of Manhattan v. Huncovsky

Malone, J.:

The City of Manhattan (City) brings this interlocutory appeal of the district court’s order suppressing the results of a breathalyzer test in a DUI prosecution. The test results had previously been found to be unreliable by an administrative hearing officer at a driver’s license suspension hearing. The district court ruled that the doctrine of collateral estoppel prevented reconsideration of the validity of the breath test results and suppressed the evidence solely on this ground. The issue on appeal is whether collateral estoppel should apply to an administrative driver’s license…