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 limitation in Vehicle and Traffic Law §1194(2)(a) does not apply when a defendant voluntarily consents to a blood test. The dissent argued that the statutory time limit is a mandatory relevance rule that should bar the evidence regardless of consent.