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PEOPLE v. KATES

77 A.D.2d 417 (1980)

The People of the State of New York, Appellant, v. Robert A. Kates, Respondent

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

December 12, 1980

Attorney(s) appearing for the Case

Lawrence T. Kurlander, District Attorney (Glenda K. Brayman of counsel), for appellants.

Charles F. Crimi for respondent.

CARDAMONE, HANCOCK, JR., CALLAHAN and MOULE, JJ., concur.

DILLON, P. J.

In a prosecution for criminally negligent homicide (Penal Law, § 125.10), two counts of driving while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subds 2, 3), and a traffic infraction (Vehicle and Traffic Law, § 1128, subd [a]), the People appeal from an order suppressing the test results of blood samples taken from defendant when he was incapable of consenting to the withdrawal of his blood or the making...

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