PEOPLE v. McGRODER


81 Misc.2d 1081 (1975)

The People of the State of New York, Plaintiff, v. Eugene B. McGroder, Defendant.

Town Court of Webster, Monroe County.

April 30, 1975


Attorney(s) appearing for the Case

Robert Burkwit for defendant. Jack B. Lazarus, District Attorney (Herbert La Page of counsel), for plaintiff.


C. BENN FORSYTH, J.

This case raises the issue of the right of the police to take a blood test from an unconscious defendant. Defendant has moved to suppress the results of the blood test on the grounds that his consent was never given.

The facts are not in dispute. The officer came upon a three-car accident. He opened the door of the defendant's car (the last of the three) and smelled liquor. The defendant...

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