People v. Pickard

OPINION OF THE COURT

Joseph Gerace, J.

Defendant appeals her conviction for driving while intoxicated under section 1192 (3) of the Vehicle and Traffic Law. The case proceeded to a nonjury trial in the Town of Ellery Justice Court on April 1, 1998. The People presented the testimony of a medical technologist, Scott Lemk, who drew the blood samples upon which defendant’s conviction was based.

*943Section 1194 (4) (a) (1) of the Vehicle and Traffic Law requires that a blood test be performed by “(i) a physician, a registered professional nurse or a registered physician’s assistant; or (ii) under the…