People v. Evers

New York Court of Appeals

People v. Evers

496 N.E.2d 227, 68 N.Y.2d 658, 505 N.Y.S.2d 68, 1986 N.Y. LEXIS 19044

DecidedJune 10, 1986

StatusPublished

This text of 496 N.E.2d 227 (People v. Evers) 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. Evers, 496 N.E.2d 227, 68 N.Y.2d 658, 505 N.Y.S.2d 68, 1986 N.Y. LEXIS 19044 (N.Y. 1986).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of County Court should be reversed and the case remitted to County Court for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

Vehicle and Traffic Law § 1194 (1), which requires chemical testing of a motor vehicle operator’s breath, blood, urine or saliva to be administered "at the direction of’ a police officer, does not preclude the police officer who determines that testing is warranted from administering the test as well. Where the test is given by an officer trained to administer it and no unusual circumstances have been shown, corroboration of the results is not required (see, Vehicle and Traffic Law § 1194 [9]).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to Rensselaer County Court for further proceedings in accordance with the memorandum herein.

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OPINION OF THE COURT

Memorandum.

The order of County Court should be reversed and the case remitted to County Court for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).

Vehicle and Traffic Law § 1194 (1), which requires chemical testing of a motor vehicle operator’s breath, blood, urine or saliva to be administered "at the direction of’ a police officer, does not preclude the police officer who determines that testing is warranted from administering the test as well. Where the test is given by an officer trained to administer it and no unusual circumstances have been shown, corroboration of the results is not required (see, Vehicle and Traffic Law § 1194 [9]).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to Rensselaer County Court for further proceedings in accordance with the memorandum herein.

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Bluebook (online)

496 N.E.2d 227, 68 N.Y.2d 658, 505 N.Y.S.2d 68, 1986 N.Y. LEXIS 19044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-evers-ny-1986.

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