PEOPLE v. VARGULIK


130 A.D.2d 530 (1987)

The People of the State of New York, Appellant, v. Debbie Vargulik, Respondent

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

May 4, 1987


Ordered that the order is reversed insofar as appealed from, as a matter of discretion, and the matter is remitted to the Supreme Court, Queens County, for a new hearing and determination of that branch of the defendant's omnibus motion which was to suppress the results of the blood test.

The defendant was the driver of an automobile which, in the early morning hours of December 31, 1984, crashed into a tree off the Sunrise Highway. There was no indication that any...

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