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PEOPLE v. WHILBY

Ind. Nos. 664/14, 664/14. Appeal No. 12118. Case No. 2019-5787.

188 A.D.3d 425 (2020)

133 N.Y.S.3d 263

2020 NY Slip Op 06361

The People of the State of New York, Respondent, v. Domonic Whilby, Appellant.

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

Decided November 5, 2020.

The court properly denied defendant's suppression motion. The record supports the court's determination that defendant voluntarily consented to a blood test. Defendant's arguments about the admissibility of his statements are academic, because those statements were not introduced at trial.

The court providently exercised its discretion in precluding defendant from presenting...

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