PEOPLE v. WOLTER


83 A.D.2d 187 (1981)

The People of the State of New York, Respondent, v. Steven A. Wolter, Appellant

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

November 13, 1981


Attorney(s) appearing for the Case

J. Michael Jones for appellant.

Theodore E. Wiggins, Jr., for respondent.

SIMONS, J. P., HANCOCK, JR., DOERR and DENMAN, JJ., concur.


CALLAHAN, J.

The issue here is whether the results of a blood test which was taken over the defendant's objection while he was under arrest for operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subd 3) and after grounds for a charge of manslaughter in the second degree (Penal Law, § 125.15, subd 1) had arisen, must, by virtue of the requirements of subdivision 2 of section 1194 of the Vehicle and...

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