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PEOPLE v. FOGERTY

18 N.Y.2d 664 (1966)

The People of the State of New York, Appellant, v. Robert C. Fogerty, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Albert W. Schneider, District Attorney (Henry D. Blumberg of counsel), for appellant.

Joseph A. Santry for respondent.

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and Ruth Kessler Toch of counsel), amicus curiæ.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING. Judge VAN VOORHIS dissents and votes to affirm in the following opinion.

Order reversed and matter remitted to the Court of Special Sessions of the Town of Manheim with directions to deny defendant's motion to suppress evidence on the ground that the State Police rules for the taking of blood tests are not the kind of rules which govern the conduct of and impose burdens on the public such as should be filed pursuant to section 8 of article IV of the State Constitution in the office of the Department of State. The failure to file, in a public office...

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