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STATE v. SULLIVAN

No. 98-143.

144 N.H. 541 (1999)

THE STATE OF NEW HAMPSHIRE v. BRIAN SULLIVAN

Supreme Court of New Hampshire.

December 28, 1999.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Constance N. Stratton, assistant attorney general, on the brief and orally), for the State.

Kenna, Johnston & Sharkey, of Manchester (Bruce E. Kenna on the brief and orally), for the defendant.

BROCK, C.J.

The defendant, Brian Sullivan, was charged with negligent homicide and five counts of second degree assault arising out of an automobile accident. The State brings this interlocutory appeal from an order of the Superior Court (Murphy, J.) granting the defendant's motion to suppress evidence of his blood alcohol concentration. See RSA 606:10, II(a) (1986). We affirm and remand.

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