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STATE v. DYAL

97 N.J. 229 (1984)

478 A.2d 390

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PETER DYAL, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 31, 1984.

Attorney(s) appearing for the Case

Allan J. Nodes, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Allan J. Nodes, Richard T. Carley, and Victoria Curtis Bramson, Deputy Attorneys General, of counsel and on the brief).

Neil H. Shuster argued the cause for respondent (Carchman, Annich, Sochor, & Shuster, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The main issue on this appeal is whether the patient-physician privilege created by N.J.S.A. 2A:84A-22.2 precludes admission of results of a blood test into evidence in the prosecution of a death-by-auto case. A second issue is whether the prosecutor's reference during summation to a .10% blood alcohol reading as the "legal threshold" constitutes reversible error.

In this case, a hospital employee...

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