People v. Ameigh

OPINION OF THE COURT

Levine, J.

Defendant was injured in a one-car accident during the late evening hours of April 23, 1982. He was taken .to Tompkins Community Hospital for treatment and was placed under arrest while there for driving while intoxicated. Defendant was asked by the arresting officer to submit to a chemical test to determine his blood alcohol level pursuant to section 1194 of the Vehicle and Traffic Law and refused to submit to the test. Subsequently, hospital personnel withdrew a sample of defendant’s blood and subjected it to chemical analysis, revealing an alcohol content of…