Matter of Stark v. New York State Dep't of Motor Vehicles

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

The Commissioner of Motor Vehicles, pursuant to Vehicle and Traffic Law § 1194, determined that the warrantless arrest here was justified by exigent circumstances. The record demonstrates that there was an uninterrupted pursuit of petitioner by the police and that the intrusion into his home was necessary to enable them to attempt to ascertain petitioner’s blood alcohol level within the two-hour time limit prescribed by Vehicle and Traffic Law § 1194. On this record, the warrantless arrest was…