People v. Evans

OPINION OF THE COURT

Memorandum.

The order of County Court, Sullivan County, should be reversed and the matter remitted to that court to exercise its discretion in determining whether to dismiss the People’s appeal as untimely (CPL 460.70 [2] [c]; Uniform Rules for Trial Cts § 200.33 [c] [22 NYCRR]).

Defendant, Ronald Evans, was charged on September 30, 1984, with driving while intoxicated in violation of section 1192 (2) and (3) of the Vehicle and Traffic Law. On November 19, 1985, on defendant’s motion, the Liberty Town Justice Court ordered suppression of breathalyzer test evidence as having…