(DOWNLOAD) "People State New York v. Robert A. Kates" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Robert A. Kates
- Author : Court of Appeals of New York
- Release Date : January 27, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
QTAGOpinion/QTAG OF THE COURT The primary question on this appeal is whether a blood alcohol test of a hospitalized driver, who was unconscious or so disoriented that the police were unable to obtain his consent, was made in violation of section 1194 of the Vehicle and Traffic Law. The trial court suppressed the test results holding that the statute requires express consent and that a contrary interpretation would violate the equal protection rights of the unconscious driver. The Appellate Division reversed finding no statutory or constitutional bar to admissibility. The defendant appeals claiming the trial court properly suppressed. He also argues that the prosecutor possesses other evidence of intoxication and thus had no right to appeal the suppression order in this case.
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