People v Miller
2008 NY Slip Op 04113 [50 AD3d 1161]
April 29, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Appellant,
v
Sydney Miller, Respondent.

—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for appellant.

Sussman & Watkins, Goshen, N.Y. (Michael H. Sussman of counsel), for respondent.

Appeal by the People from an order of the County Court, Orange County (Berry, J.), dated November 17, 2006, which granted that branch of the defendant's omnibus motion which was to suppress the results of a test performed on blood taken from him.

Ordered that the order is affirmed.

Contrary to the People's contentions, the blood sample at issue was taken from the defendant in violation of Vehicle and Traffic Law § 1194 (2) (a) (1); (3), and the results of the test were therefore properly suppressed. Ritter, J.P., Covello, Angiolillo and McCarthy, JJ., concur.