People v. Olmstead

Judgment reversed on the law, motion granted and indictment dismissed. Memorandum: Defendant appeals from a judgment convicting her of felony driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2) and § 1193 (1) (c), i.e., operating a motor vehicle with a blood alcohol level in excess of .10% after a prior conviction. She contends that the trial court erred in failing to suppress the results of a chemical test performed on a blood sample drawn from her body in violation of Vehicle and Traffic Law § 1194 (4) (a). We agree and thus reverse and dismiss the indictment.

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