New York Court of Appeals
The People of the State of New York, Respondent v. Niles Atkins, Appellant
June 13, 199585 N.Y.2d 1007
Summary
The Court affirmed the Appellate Term, holding that the two‑hour time limit for blood testing under Vehicle and Traffic Law §1194(2)(a) does not apply when the defendant voluntarily consents to the test, relying on People v Ward and legislative history indicating the limit is not an absolute relevance rule. The majority concluded the consent renders the limitation inapplicable, so the blood test results are admissible. Justice Simons dissented, arguing the two‑hour limit is a legislative relevance requirement that should bar the evidence even with consent.