People v. Walsh

OPINION OF THE COURT

David D. Egan, J.

The defendant seeks an order pursuant to CPL article 710 suppressing the results of a nonconsensual test of his blood on grounds that section 1194-a of the Vehicle and Traffic Law was not complied with.

After a serious auto accident, the defendant was taken to a *1074hospital and arrested for driving while intoxicated at about 6:30 p.m. on April 24, 1987. The defendant refused to submit to a blood test to determine the alcohol content of his blood. The police contacted an Assistant District Attorney at his home by phone. From his home the Assistant District…