Legal Opinion

People v. McGrath

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 1988PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Spatt, J.

The question of law presented on this appeal — whether a court-ordered chemical test to determine the alcohol or drug content of a person’s blood must be administered within a specific time after a subject’s arrest — has not previously been determined by an appellate court in this State. We hold that chemical tests performed pursuant to a court order issued in compliance with Vehicle and Traffic Law § 1194-a are not subject to the two-hour limitation for tests performed pursuant to Vehicle and Traffic Law § 1194 or any other specific time limitation. The time for…

2Cases cited7 opinions

  1. People v. IannelliNew York Court of Appeals · 1986
  2. People v. NelsonNew York Court of Appeals · 1987
  3. People v. MillsAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. CasadeiNew York Court of Appeals · 1985
  5. People v. Morse, New York County Courts1985

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. People v. FinneganNew York Court of Appeals · 1995
  2. People v. AtkinsNew York Court of Appeals · 1995
  3. People v. DemetsenareAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. McGrathNew York Court of Appeals · 1988
  5. Town of Islip v. CavigliaAppellate Division of the Supreme Court of the State of New York · 1988

21 more not listed; retrieve them via the Exa API.

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