Legal Opinion
People v. Wolter
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Callahan, J.
The issue here is whether the results of a blood test which was taken over the defendant’s objection while he was under arrest for operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subd 3) and after grounds for a charge of manslaughter in the second degree (Penal Law, § 125.15, subd 1) had arisen, must, by virtue of the requirements of subdivision 2 of section 1194 of the Vehicle and Traffic Law, be excluded from evidence in a subsequent prosecution for homicide.
These charges arose out of an accident that occurred…
2Cases cited8 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Breithaupt v. AbramSupreme Court of the United States · 1957
- People v. KatesNew York Court of Appeals · 1981
- State v. BerrySupreme Court of New Hampshire · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. Wade, New York County Courts1983
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1989