People v. Karpeles

OPINION OF THE COURT

Michael D. Stallman, J.

This defendant’s discovery motion requires the court to determine an issue of first impression under the recodified criminal discovery statute and raises significant constitutional and evidentiary issues. Does a defendant have an absolute right to demand production and independent testing of blood samples taken from his person? Must movant first demonstrate that such samples or test results would be admissible at trial?

BACKGROUND

Defendant is charged with two concurrent counts of driving while intoxicated. (Vehicle and Traffic Law § 1192 [2] [over .10…