People v. Dycha

— Judgment unanimously affirmed. Memorandum: The results of a blood test which indicated that there was .19% by weight of alcohol in defendant’s bloodstream within two hours after a fatal traffic accident were properly admitted at defendant’s trial for criminally negligent homicide; however, we base our determination on a ground different from that relied on by County Court. The testimony at the suppression hearing indicates that defendant, although initially refusing to take a blood test, consented to it after being advised of the consequences of his refusal and consulting with his brother.…