People v. Vargulik

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Giaccio, J.), dated October 17, 1985, as granted that branch of the defendant’s omnibus motion which was to suppress the results of a blood test.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, and the matter is remitted to the Supreme Court, Queens County, for a new hearing and determination of that branch of the defendant’s omnibus motion which was to suppress the results of the blood test.

The defendant was the driver of an automobile which,…