PEOPLE v. KATES


53 N.Y.2d 591 (1981)

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

Court of Appeals of the State of New York.

Decided October 27, 1981.


Attorney(s) appearing for the Case

Charles F. Crimi for appellant.

Donald O. Chesworth, Jr., District Attorney (Glenda K. Brayman of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and MEYER concur with Judge WACHTLER; Judge FUCHSBERG concurs in a concurring memorandum.


WACHTLER, J.

The primary question on this appeal is whether a blood alcohol test of a hospitalized driver, who was unconscious or so disoriented that the police were unable to obtain his consent, was made in violation of section 1194 of the Vehicle and Traffic Law. The trial court suppressed the test results holding that the statute requires express consent and that a contrary interpretation would violate the...

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