New York Court of Appeals
The People of the State of New York v. Lyndon Duane Goodell
February 13, 199279 N.Y.2d 869
Summary
The court affirmed the Appellate Division’s order, holding that the statutory authority to administer a chemical blood-alcohol test was not defeated solely because police did not formally announce the defendant’s arrest before obtaining his blood sample. Because the defendant was unconscious at the accident scene and remained comatose for approximately two weeks, a formal arrest would have been an empty gesture. The court found no merit in the defendant’s remaining claims.
Holding
- Whether a formal arrest was required before the statutory chemical blood-alcohol test could be administered.. The failure formally to announce the defendant’s arrest did not, under these circumstances, invalidate the statutory authority to direct administration of the chemical blood-alcohol test.
Cited by
- The People of the State of New York, Respondent v. Tania Ladd, Appellant
- The People of the State of New York, Respondent v. John Licausi, Appellant
- The People of the State of New York, Respondent v. Secundino Perez, Appellant
- The People of the State of New York, Respondent v. Myron Green, Appellant
- Vernon, Andre, People V
- The People of the State of New York, Respondent v. Dustin H. Hale, Appellant
- The People of the State of New York v. Brenda K. Skardinski
- The People of the State of New York v. Fritz Elysee