PEOPLE v. NORTH


96 Misc.2d 637 (1978)

The People of the State of New York, Plaintiff, v. Robert W. North, Defendant.

Town Court of Town of Amherst, Erie County.

August 28, 1978


Attorney(s) appearing for the Case

John E. Nicholas, Jr., for defendant. Edward C. Cosgrove, District Attorney (Manuel S. Wortzman of counsel), for plaintiff.


SHERWOOD L. BESTRY, J.

Defendant, charged with a violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law (driving while intoxicated), moves pursuant to CPL 240.20 (subd 3) for a "discovery" of the blood sample taken from the defendant, after his arrest, pursuant to section 1194 of the Vehicle and Traffic Law.

The blood sample was defendant's property prior to being extracted. We rule that the blood sample is not exempt property...

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