People v. White

*387OPINION OF THE COURT

Bernard J. Fried, J.

The main issue is whether suppression is required of evidence of the amount of alcohol (.29%) and drugs (cannabinoids and traces of cocaine) in the defendant's blood, as shown by a chemical test administered following the granting of an oral, telephonic application for a court order, where neither the applying officer nor accompanying Assistant District Attorney prepared a written order, to be signed by the applicant, as required by Vehicle and Traffic Law § 1194-a (3) (d).

There is virtually no dispute as to the facts: On August 7, 1985, the defendant,…