PEOPLE v. SWANDA


87 A.D.2d 940 (1982)

The People of the State of New York, Respondent, v. Vincent J. Swanda, Appellant

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

April 29, 1982


Following a fatal motor vehicle accident involving an automobile in which the decedent was a passenger and a pick-up truck driven by defendant, the latter voluntarily submitted to a blood test. Analysis revealed that his blood contained .15% alcohol by weight. Over defendant's objection, this test result was admitted into evidence at trial and defendant was convicted of the three crimes charged. Defendant maintains that the prosecutor should have been precluded from offering...

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