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STATE v. YUDICHAK

No. 85-006.

519 A.2d 1150 (1986)

STATE of Vermont v. Allen F. YUDICHAK.

Supreme Court of Vermont.

October 31, 1986.

Attorney(s) appearing for the Case

Timothy W. Shanley, Washington County Deputy State's Atty., Barre, for plaintiff-appellant.

Robert J. Kurrle and Robert Halpert, Montpelier, for defendant-appellee.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

PER CURIAM.

This is an interlocutory appeal by the State from an order of the district court granting defendant's motion to suppress the results of a blood alcohol test. The certified question presented for our determination is as follows: "Does the fact that a Vermont State Police Officer requested a blood sample [instead of] a breath sample from the surviving operator in a fatal collision require suppression of the results...

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