Opinion
2007-1352 S CR.
Decided November 20, 2008.
Appeal from a judgment of the Justice Court of the Town of Southampton, Suffolk County (Thomas J. DeMayo, J.), rendered July 6, 2007. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated.
On the court's own motion, appeal stricken from the general calendar with leave to appellant to submit a complete record on appeal within 90 days of the date of the order entered hereon, and the appeal shall be deemed perfected upon such submission. Appellant may serve and file an additional brief within 14 days after submission of the complete record, and respondent may serve and file an additional brief within 14 days thereafter.
RUDOLPH, P.J., McCABE and MOLIA, JJ.
Although this court granted defendant's motion to prosecute this appeal on an abridged record, the record as submitted does not permit proper appellate review of the claims of error raised in defendant's brief, inter alia, that the court below erred in denying defendant's motion to suppress evidence of his refusal to submit to chemical testing, and that such error was not harmless ( People v Freeman, 46 AD3d 1375, 1377; see also People v Crimmins, 36 NY2d 230, 237; People v Guzman, 247 AD2d 552; People v Whelan, 165 AD2d 313, 325).
Rudolph, P.J., McCabe and Molia, JJ., concur.