People v. Dunn

—Kane, J. P.

Appeal from an order of the County Court of Ulster County (Vogt, J.), entered October 9, 1984, which granted defendant’s motion to suppress evidence.

On September 28, 1983, State Police Investigator George Rebhan appeared before a Town Justice in the Town of Lloyd seeking a search warrant that would allow the police to obtain a blood sample from defendant, who was then unconscious. Defendant had been involved in a fatal car accident and Rebhan asserted that there was cause to believe that she was intoxicated at the time. The Town Justice signed the warrant and a blood-alcohol test…