Majority
p. 852The People of the State of New York, Appellant, v. Mary Bellia, Respondent. Argued April 2, 1962; decided April 5,1962.
p. 853
Carman F. Ball, District Attorney (John M. Frysiak of counsel), for appellant.
Joseph M. Ralabate for respondent.
It is our conclusion, from examination of the record before us, that the defendant — although served with a summons a short time thereafter—had been arrested shortly
p. 854
before blood was taken from her body. In this view, it is unnecessary to decide whether, in order that its results be admissible in a prosecution for driving while intoxicated (Vehicle and Traffic Law, § 1192, subd. 2 [formerly § 70, subd. 5]), the blood test provided for in subdivision 3 of section 1192 must be taken after a defendant’s arrest.
We have also considered the other contentions advanced by the defendant and find them without merit.
The order of the Erie County Court should be reversed and a new trial ordered.
Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster concur.
Order reversed, etc.