People v. MacKenzie
875 N.Y.S.2d 908
N.Y. App. Div.
2009
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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v MICHAEL MACKENZIE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department

875 NYS2d 908

Appeal by the People from an order of the County Court, Rockland County (Bartlett, J.), dated February 4, 2008, which, after a hearing, granted those branches of the defendant‘s omnibus motion which were to suppress the results of breathalyzer tests and his statements to law enforcement officials.

Ordered that the order is affirmed.

Contrary to the People‘s contention, the stop of the defendant‘s vehicle was unlawful, because reasonable suspicion to believe that he had violated Vehicle and Traffic Law § 375 (2) (a) (1) was lacking (see generally

;
;
). Accordingly, the County Court properly granted those branches of the defendant‘s omnibus motion which were to suppress the results of the breathalyzer tests and his statements to law enforcement officials (see
;
;
). Fisher, J.P., Florio, Balkin and Belen, JJ., concur.