Court of Appeals of New York

Conviction for manslaughter, assault and DUI is affirmed where: 1) even if blood samples given after an accident were privileged, under the facts and circumstances of this case the privilege was overcome when the police officers executed a court order to test the samples; and 2) the supreme court did not err by not charging criminally negligent homicide as a lesser included offense of second degree manslaughter since there was no reasonable view of the evidence which would support a finding that defendant committed the lesser offense of criminally negligent homicide.

Appellate Information

• Decided 02/17/2009
• Published 02/17/2009

Judges

Court

• Court of Appeals of New York

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