People v. Fidler

This matter involves two interlocutory appeals from diverse rulings of the trial court on the defendant’s motion to suppress (1) a blood sample and (2) a urine sample. The trial court denied the motion to suppress the blood sample, from which ruling the defendant appeals, and granted the motion to suppress the urine sample, from which ruling the People appeal. We affirm the ruling as to the blood sample.

However, for the reason set forth in Part II of this opinion, we disapprove of the court’s consideration of the purely evidentiary question presented by the assertion of the doctor-patient…