People v. Moser

OPINION OF THE COURT

The issue on this appeal is whether Vehicle and Traffic Law § 1194 (7) (a) * requires a physician to be actually present, observing the procedure, when a laboratory technician draws a blood sample from a suspect for the purposes of conducting a test to determine its alcoholic or drug content. We disagree with County Court’s conclusion that the statute requires personal presence by the physician and conclude, instead, that the procedure employed here complied with the statute.

City Court found, after hearing the testimony of the physician in charge of the emergency room and…