People v. LeRow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Peradotto, J.
The primary issue on this appeal by the People from an order granting defendant’s motion to suppress the results of a chemical blood alcohol test is one of first impression, namely, whether a New York State police officer has the authority, pursuant to New York’s implied consent statute (Vehicle and Traffic Law § 1194 [2] [a]), to direct the withdrawal of blood from a suspect who is physically located outside of the state. We agree with the People that, under the circumstances of this case, County Court erred in suppressing the results of the blood test. We…
2Cases cited26 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- People v. LaFontaineNew York Court of Appeals · 1998
- People v. KatesNew York Court of Appeals · 1981
- People v. GoodellNew York Court of Appeals · 1992
- State v. StevensSupreme Court of Connecticut · 1993
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3Cited by13 opinions
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- People v. FarrareAppellate Division of the Supreme Court of the State of New York · 2014
- People v. HaleAppellate Division of the Supreme Court of the State of New York · 2017
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