People v. Scalzo

O’Brien, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: At approximately 2:20 a.m. on February 8, 1987, a vehicle operated by the defendant collided with a vehicle operated by Kathryn McCarty. A passenger in the McCarty vehicle was killed. Pursuant to court order, blood samples were taken at approximately 6:00 a.m. from both drivers at the hospitals where they were being treated. Chemical analysis of the defendant’s blood sample revealed a blood alcohol content of .095 of one percent. Chemical analysis of McCarty’s blood sample revealed a blood…