People v. Peter O.

opinion of the court

Memorandum.

Judgment affirmed.

The evidence at trial revealed that defendant was arrested for the above offense in the emergency room of a hospital after he had been taken there by ambulance following a serious motor vehicle accident. A breathalyzer test was administered to him within two hours of his arrest but not within two hours of the moment when he had been removed from the scene of the accident. Upon this appeal, defendant challenges the constitutionality of that provision 'of the statute which authorizes the administration of the test within two hours of arrest…