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PEOPLE v. MILLER

21 A.D.3d 1146 (2005)

800 N.Y.S.2d 782

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK SCOTT MILLER, Appellant.

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

September 15, 2005.

In accordance with our prior decision (17 A.D.3d 708 [2005]), Supreme Court held a hearing at which it was established that the blood sample taken following defendant's arrest was withdrawn by a registered nurse. In his supplemental brief, defendant asserts that the blood test results must nevertheless be suppressed since the blood sample was not withdrawn at the request of a police officer (see Vehicle and Traffic Law § 1194...

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