Judgment unanimously affirmed.
Memorandum:
On March 21, 1994, an automobile driven by defendant collided with another automobile while being pursued by Syracuse police officers. The driver of the other automobile was killed. After being arrested, defendant refused to submit to a blood test. Sergeant Michael Rathbun made an oral application by telephone to an Onondaga County Court Judge for an order compelling defendant to submit to a blood test (see
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