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PEOPLE v. MOSER

70 N.Y.2d 476 (1987)

The People of the State of New York, Appellant, v. Michael H. Moser, Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1987.

Attorney(s) appearing for the Case

John T. Ward, District Attorney (Daryl P. Brautigam of counsel), for appellant.

James P. Subjack for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion.

Per Curiam.

The issue on this appeal is whether Vehicle and Traffic Law § 1194 (7) (a)* requires a physician to be actually present, observing the procedure, when a laboratory technician draws a blood sample from a suspect for the purposes of conducting a test to determine its alcoholic or drug content. We disagree with County Court's conclusion that the statute requires personal presence...

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