PEOPLE v. EVERS


68 N.Y.2d 658 (1986)

The People of the State of New York, Appellant, v. Terrence M. Evers, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1986.


Attorney(s) appearing for the Case

James B. Canfield, District Attorney (Richard L. Nabozny of counsel), for appellant.

Matthew J. Clyne for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order of County Court should be reversed and the case remitted to County Court for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

Vehicle and Traffic Law § 1194 (1), which requires chemical testing of a motor vehicle operator's breath, blood, urine or saliva to be administered "at the direction of" a police officer, does not preclude the police officer who determines that testing...

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