People v. Hartley

Paul A. Clyne, District Attorney of Albany County (Christopher Horn of counsel), for appellant. Gerstenzang, O'Hern, Hickey & Gerstenzang, Albany (Thomas J. O'Hern and Eric H. Sills of counsel), for respondent.

OPINION OF THE COURT

DAN LAMONT, J. This is an appeal by the People from a decision by the Town Court, Town of Bethlehem (Munnelly, J.), wherein evidence in the case against the defendant was suppressed due to the People's failure to participate in a court-ordered pretrial hearing. court might later determine that a lower court's order was erroneous clearly does not give a litigant in the lower court the right to disobey or disregard such order. If the People were permitted to refuse to go forward in this lawfully ordered hearing, then the People could refuse to go forward in any court-ordered pretrial suppression hearing which they felt had been improperly granted. Fundamental to our legal system is the principle that neither the People nor any other litigant possesses a veto power over lawful court orders. Simply stated, the People's refusal to offer evidence at, or participate in, the pretrial suppression hearing ordered by the Town Court mandates the affirmance of the Town Court's suppression order resulting therefrom. Based upon the foregoing, the Town Court's suppression of the breathalyzer results must be and the same is hereby affirmed.