People v. Bellia

New York Court of Appeals

People v. Bellia

182 N.E.2d 283, 11 N.Y.2d 852

DecidedApril 5, 1962

StatusPublished

This text of 182 N.E.2d 283 (People v. Bellia) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bellia, 182 N.E.2d 283, 11 N.Y.2d 852 (N.Y. 1962).

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Opinion

Per Curiam.

It is our conclusion, from examination of the record before us, that the defendant — although served with a summons a short time thereafter—had been arrested shortly [854]*854before blood was taken from her body. In this view, it is unnecessary to decide whether, in order that its results be admissible in a prosecution for driving while intoxicated (Vehicle and Traffic Law, § 1192, subd. 2 [formerly § 70, subd. 5]), the blood test provided for in subdivision 3 of section 1192 must be taken after a defendant’s arrest.

We have also considered the other contentions advanced by the defendant and find them without merit.

The order of the Erie County Court should be reversed and a new trial ordered.

Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Order reversed, etc.

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Per Curiam.

It is our conclusion, from examination of the record before us, that the defendant — although served with a summons a short time thereafter—had been arrested shortly [854]*854before blood was taken from her body. In this view, it is unnecessary to decide whether, in order that its results be admissible in a prosecution for driving while intoxicated (Vehicle and Traffic Law, § 1192, subd. 2 [formerly § 70, subd. 5]), the blood test provided for in subdivision 3 of section 1192 must be taken after a defendant’s arrest.

We have also considered the other contentions advanced by the defendant and find them without merit.

The order of the Erie County Court should be reversed and a new trial ordered.

Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Order reversed, etc.

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Bluebook (online)

182 N.E.2d 283, 11 N.Y.2d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bellia-ny-1962.