From Casetext: Smarter Legal Research

People v. Ayala

Court of Appeals of the State of New York
Dec 18, 1996
675 N.E.2d 846 (N.Y. 1996)

Opinion

Argued November 20, 1996

Decided December 18, 1996

APPEAL, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Term of the Supreme Court in the First Judicial Department, entered September 27, 1995, which dismissed the People's appeal from an order of the Criminal Court of the City of New York, Bronx County (Edgar G. Walker, J.), granting a motion by defendant to suppress the results of a breathalyzer examination.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stephen Muller and Joseph N. Ferdenzi of counsel), for appellant.

Andrew C. Fine, New York City, Cynthia Colt and Daniel L. Greenberg for respondent.


MEMORANDUM.

The order of the Appellate Term should be reversed and the matter remitted to that court for consideration of the People's appeal.

Defendant was arrested and charged with driving while intoxicated. The arresting officer testified at the suppression hearing that defendant agreed to take a breathalyzer test, after admitting to having had "a few beers." The officer added that the test was administered approximately two and one-half hours after the arrest. Defendant had moved to suppress the results of the test on the ground that it was administered more than two hours after arrest. Criminal Court granted the motion. The Appellate Term dismissed the People's appeal as not authorized, and a Judge of this Court granted the People leave to appeal.

The sole issue is whether a People's appeal to an intermediate appellate court is authorized to challenge a trial court ruling suppressing the results of a consented-to chemical test. CPL 450.20 (8) provides an as-of-right appeal to the People from a criminal court "order suppressing evidence, entered before trial pursuant to section 710.20." Subdivision (5) of CPL 710.20 authorizes suppression of results of chemical blood tests "administered in violation of the provisions of subdivision three of section eleven hundred ninety-four of the vehicle and traffic law, subdivision eight of section forty-nine-a of the navigation law or any other applicable law" (emphasis added).

Defendant urges a statutorily construed limitation only on the People's right to appeal from certain orders granting suppression. We find the argument unpersuasive, because the plain language of CPL 710.20 (5) does not contain, import or justify any such one-sided appeal limitation. Since it permits suppression not only of court-ordered chemical tests, but also tests administered pursuant to "any other applicable law," the People's appeal options under CPL 450.20 (8) incorporate the whole of CPL 710.20. Thus, the restriction defendant would have this Court impose finds no support in the statutory language authorizing the People's appeal.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

Order reversed, etc.


Summaries of

People v. Ayala

Court of Appeals of the State of New York
Dec 18, 1996
675 N.E.2d 846 (N.Y. 1996)
Case details for

People v. Ayala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. REINALDO AYALA…

Court:Court of Appeals of the State of New York

Date published: Dec 18, 1996

Citations

675 N.E.2d 846 (N.Y. 1996)
675 N.E.2d 846
653 N.Y.S.2d 92

Citing Cases

People v. Hartley

On January 28, 1999, the defendant requested that the Town Court order a pretrial hearing to suppress the…

People v. Hartley

On January 28, 1999, the defendant requested that the Town Court order a pre-trial hearing to suppress the…