PEOPLE v. MASSONG


105 A.D.2d 1154 (1984)

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

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

November 7, 1984


Order unanimously reversed, motion denied and matter remitted to Monroe County Court for further proceedings on the indictment.

Memorandum:

The People appeal from an order suppressing the use in evidence of the results of a chemical test of defendant's blood for the purpose of determining the alcoholic content thereof, and the question is whether the test of an operator of a motor vehicle who, in the opinion of the arresting officer, was feigning unconsciousness...

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