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Legal Opinion

People v. Atkins

New York Court of Appeals

Decided June 13, 1995PublishedCited by 43 opinions

1Opinion of the Court

*1008OPINION OF THE COURT

Memorandum.

The order of Appellate Term should be affirmed.

Defendant was arrested and charged with operating a motor vehicle while impaired by drugs (Vehicle and Traffic Law § 1192 [4]) after he was found behind the wheel of a vehicle which had collided with a parked vehicle. Blood withdrawn from defendant after his arrest tested positively for the presence of phencyclidine, or PCP.

Defendant moved to suppress the results of the blood test, arguing that the test was administered in violation of Vehicle and Traffic Law § 1194 (2) because the blood was withdrawn more than two…

2Cases cited4 opinions

  1. People v. FinneganNew York Court of Appeals · 1995
  2. People v. WardNew York Court of Appeals · 1954
  3. People v. McGrathAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. McGrathNew York Court of Appeals · 1988

3Cited by43 opinions

  1. People v. SmithNew York Court of Appeals · 2012
  2. People v. VictoryCriminal Court of the City of New York · 1995
  3. People v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. TurnerAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. ElyseeAppellate Division of the Supreme Court of the State of New York · 2007

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