PEOPLE v. LeROW

No. 1302 KA 09-01072

70 A.D.3d 66 (2009)

889 N.Y.S.2d 813

2009 NY Slip Op 8648

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TIMOTHY S. LeROW, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 20, 2009.


Attorney(s) appearing for the Case

David W. Foley, District Attorney, Mayville (Derek V. Gregory of counsel), for appellant.

James P. Subjack, Fredonia, for respondent.

HURLBUTT, J.P., CENTRA, FAHEY and GORSKI, JJ., concur.


OPINION OF THE COURT

PERADOTTO, J.

The primary issue on this appeal by the People from an order granting defendant's motion to suppress the results of a chemical blood alcohol test is one of first impression, namely, whether a New York State police officer has the authority, pursuant to New York's implied consent statute (Vehicle and Traffic Law § 1194 [2] [a]), to direct the withdrawal of blood from a suspect who is physically located outside of the...

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