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PEOPLE v. MUSCARNERA

16 Misc.3d 622 (2007)

842 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. VINCENT MUSCARNERA, Defendant.

District Court of Nassau County, First District.

May 10, 2007.

Attorney(s) appearing for the Case

Spence & Davis, LLP, for defendant.

Kathleen M. Rice, District Attorney, for plaintiff.

OPINION OF THE COURT

FRANCIS D. RICIGLIANO, J.

Can a vial of blood taken from a defendant, in the course of treatment and diagnosis following an automobile accident, be later obtained and tested by the People and the results used in prosecuting that defendant for driving while intoxicated and other charges? For the reasons set forth below, both the blood and the blood test results are protected by the physician...

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