Ordered that the judgment is modified, on the law, by vacating the sentences imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing in compliance with CPL 400.21.
Contrary to the defendant's contention, his court-ordered blood sample was taken in compliance with Vehicle and Traffic Law § 1194 (4) (a) (1) (ii) (see People v Moser,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.