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PEOPLE v. BIESTER

24 A.D.2d 1021 (1965)

The People of the State of New York, Respondent, v. Maxemilian Biester, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1965

Judgment affirmed.

It is undisputed that defendant made no conscious refusal to the taking of blood; in fact there is proof that he consented while conscious. Questions of fact for the jury included the identity of the driver of the automobile and the time, making and legality of the arrest prior to the withdrawal of blood. The court charged that the legality of the taking of blood was dependent upon the legality of arrest...

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