People v. Carroll

—Judgment unanimously affirmed. Memorandum: The hearing court properly denied defendant’s motion to suppress the results of a test which indicated there was .26% by weight of alcohol in defendant’s bloodstream. The record supports the court’s finding that defendant consented to the blood test (see, People v Dycha, 98 AD2d 966). Results of a blood test taken with defendant’s consent are admissible in a prosecution under the Penal Law (People v Magiera, 97 AD2d 963; cf. People v Casadei, 66 NY2d 846). Defendant’s claim that the test results should have been *995suppressed because of the People’s…