PEOPLE v. McGRATH


135 A.D.2d 60 (1988)

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

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

February 1, 1988


Attorney(s) appearing for the Case

Francis D. Phillips, II, District Attorney (Charles A. Esposito and Barbara Strauss of counsel), for appellant.

Stuart I. Greenberg for respondent.

BRACKEN, J. P., KUNZEMAN and HARWOOD, JJ., concur.


SPATT, J.

The question of law presented on this appeal — whether a court-ordered chemical test to determine the alcohol or drug content of a person's blood must be administered within a specific time after a subject's arrest — has not previously been determined by an appellate court in this State. We hold that chemical tests performed pursuant to a court order issued in compliance with Vehicle and...

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