People v. Stratis

OPINION OF THE COURT

Donald Grajales, J.

The defendant moves for an order suppressing statements and any evidence of blood alcohol tests administered to him at the time of his arrest, for the following reasons:

1) The blood was not drawn within two hours of the granting of an order allowing the police to draw defendant’s blood, as required by Vehicle and Traffic Law § 1194;

2) The police and District Attorney’s office failed to follow the procedure set forth in Vehicle and Traffic Law § 1194-a for an oral application and order compelling the submission to a chemical test;

3) Defendant’s statement…