PEOPLE v. PETER O.


114 Misc.2d 559 (1982)

The People of the State of New York, Respondent, v. Peter O., Appellant.

Supreme Court, Appellate Term, Second Department.

February 10, 1982


Attorney(s) appearing for the Case

Candee & Hilpert (Richard S. Candee of counsel), for appellant. Carl A. Vergari, District Attorney (Felix R. De Vito and Joseph M. Latino of counsel), for respondent.

SLIFKIN, J. P., GEILER and DIPAOLA, JJ., concur.


MEMORANDUM.

Judgment affirmed.

The evidence at trial revealed that defendant was arrested for the above offense in the emergency room of a hospital after he had been taken there by ambulance following a serious motor vehicle accident. A breathalyzer test was administered to him within two hours of his arrest but not within two hours of the moment when he had been removed from the scene of the accident. Upon this appeal, defendant challenges the constitutionality...

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