PEOPLE v. DYCHA


98 A.D.2d 966 (1983)

The People of the State of New York, Respondent, v. Richard J. Dycha, Appellant

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

December 16, 1983


Judgment unanimously affirmed.

Memorandum:

The results of a blood test which indicated that there was .19% by weight of alcohol in defendant's bloodstream within two hours after a fatal traffic accident were properly admitted at defendant's trial for criminally negligent homicide; however, we base our determination on a ground different from that relied on by County Court. The testimony at the suppression hearing indicates that defendant, although initially...

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