People v. Malone

This appeal principally relates to the admissibility of the results of a blood test in a prosecution for a violation of the Vehicle and Traffic Law.

The County Court has reversed a conviction of the defendant resting upon a jury finding that the defendant was operating a motor vehicle while in an intoxicated condition. The County Court believed that the results of a blood test were improperly admitted into evidence against him because the witness who made the test was not qualified to testify as an expert and there was a possibility that the fluid examined was not blood or that, if it was…