People v. Dixon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kooper, J.
The question to be resolved on appeal is whether the results of a blood test conducted on an unconscious defendant pursuant to Vehicle and Traffic Law § 1194 may be admitted at trial in respect to both Penal Law and Vehicle and Traffic Law violations arising from the same incident. For the reasons that follow, we answer the foregoing question in the affirmative, and accordingly, reverse the order insofar as appealed from.
I
On July 19, 1986, at approximately 5:35 p.m., the defendant Christopher Dixon was proceeding in a westerly direction on Edgewood Avenue in…
2Cases cited17 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- South Dakota v. NevilleSupreme Court of the United States · 1983
- People v. ThomasNew York Court of Appeals · 1978
- People v. MertzNew York Court of Appeals · 1986
- People v. KatesNew York Court of Appeals · 1981
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3Cited by5 opinions
- People v. VictoryCriminal Court of the City of New York · 1995
- People v. ElyseeAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GonsalezAppellate Division of the Supreme Court of the State of New York · 2016
- Vazquez v. MarcianoDistrict Court, S.D. New York · 2001
- People v. LoughlinAppellate Division of the Supreme Court of the State of New York · 1989