People v. Cegelski

OPINION OF THE COURT

Patricia D. Marks, J.

This is a decision on an appeal by the People of a decision to *1024suppress the result of a breathalyzer test on the grounds the defendant was denied a right to obtain an independent chemical test by a physician of his own choosing as provided in section 1194 (8) of the Vehicle and Traffic Law.

The court found, following a hearing, that on or ábout May 2, 1987 at approximately 2:20 a.m., an accident occurred during which a pedestrian was injured. The investigating officers identified the driver of the vehicle as the defendant who admitted that he had "just…