Opinion
KA 03-00681
October 2, 2003.
Appeal from that part of an order of Cattaraugus County Court (Himelein, J.), entered January 18, 2002, that granted in part the motion of defendant and suppressed the test results concerning her blood alcohol content.
EDWARD M. SHARKEY, DISTRICT ATTORNEY, LITTLE VALLEY, FOR PLAINTIFF-APPELLANT.
ERICKSON WEBB SCOLTON HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: GREEN, J.P., HURLBUTT, GORSKI, LAWTON, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed and the indictment is dismissed.