In a recent opinion from a New York appellate court, the defendant unsuccessfully appealed his convictions of attempted assault in the second degree and operating a motor vehicle while intoxicated by alcohol. The defendant argued that the blood sample the State used as evidence against him was both based on an invalid search warrant and was inadmissible in court. Disagreeing with the defendant on both arguments, the court denied the appeal and affirmed the guilty verdict.
Facts of the Case
According to the opinion, the defendant had been charged with violating a traffic law in New York one evening in 2017. In connection with the accident that occurred as a result of the defendant’s violation, he was taken to the hospital and his blood was drawn for medical purposes. One month later, while investigating the original violation, the State applied for and was granted a search warrant and order of seizure for the defendant’s blood sample. After examining and testing the blood sample, officers discovered that the defendant had been intoxicated at the time of the traffic violation.
Based on this information, the defendant was charged, convicted, and sentenced to time in prison.