People v. Tannenbaum

Defendant appeals from a judgment of conviction rendered by the Honorable Elmer J. Butcher, sitting as the Court of Special Sessions of the Town of South*6ampton on December 18, 1962, after a jury trial. Defendant was convicted of the crime of operating a motor vehicle while in an intoxicated condition in violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law of the State of New York.

Over the objection of the defendant a certain vial was received into evidence as People’s Exhibit 1. There was testimony to the effect that this vial contained the blood which had been tested by…