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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