People v. Kates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
In a prosecution for criminally negligent homicide (Penal Law, § 125.10), two counts of driving while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subds 2, 3), and a traffic infraction (Vehicle and Traffic Law, § 1128, subd [a]), the People appeal from an order supressing the test results of blood samples taken from defendant when he was incapable of consenting to the withdrawal of his blood or the making of the test. Although defendant contests the authority of the People to appeal in the circumstances of this case (GPL 450.50, subd 1),…
2Cases cited12 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Breithaupt v. AbramSupreme Court of the United States · 1957
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Albano v. KirbyNew York Court of Appeals · 1975
- People v. ThomasNew York Court of Appeals · 1978
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3Cited by15 opinions
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- People v. HochheimerNew York Supreme Court · 1983
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- People v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GormanWatertown City Court · 2003
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