New York Court of Appeals, 1985

People v. Casadei

New York Court of Appeals · Decided November 14, 1985

66 N.Y.2d 846; 498 N.Y.S.2d 357; 489 N.E.2d 244; 1985 N.Y. LEXIS 18300

Cases that cite this one

18 later published cases cite this decision.

People v. Elysee (Appellate Division of the Supreme Court of New York 2007)
People v. Reynolds (Appellate Division of the Supreme Court of New York 2022)
People v. Muscarnera (New York District Court 2007)
People v. Moreno (New York Supreme Court, Queens County 2024)
The Matter of Pedro Endara-Caicedo v.New York State Department of Motor Vehicles (N.Y. 2022)
Simmons v. Marasa (District Court, S.D. New York 2019)
People v. Green (Appellate Division of the Supreme Court of New York 2016)
People v. Drayton (Appellate Division of the Supreme Court of New York 2008)
People v. Victory (Criminal Court of the City of New York 1995)
People v. Whelan (Appellate Division of the Supreme Court of New York 1991)
People v. Felton (Appellate Division of the Supreme Court of New York 1991)
People v. McIntosh (Appellate Division of the Supreme Court of New York 1991)
People v. Goodell (Appellate Division of the Supreme Court of New York 1990)
People v. Dixon (Appellate Division of the Supreme Court of New York 1989)
People v. McGrath (Appellate Division of the Supreme Court of New York 1988)
James N. v. D'Amico (Appellate Division of the Supreme Court of New York 1988)
People v. Carroll (Appellate Division of the Supreme Court of New York 1986)
People v. Mills (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was involved in a two-car accident in which the driver of the other vehicle was fatally injured. Subsequently charged in an eight-count indictment with manslaughter in the second degree, criminally negligent homicide, driving while intoxicated, and other violations of the Vehicle and Traffic Law, he sought to suppress the results of a chemical blood test administered without his consent pursuant to a search warrant (CPL 690.10). County Court granted the motion. The Appellate Division reversed and denied suppression.

Defendant relies upon People v Moselle (57 NY2d 97) for the proposition that the provisions of Vehicle and Traffic Law § 1194, in effect at the time of the accident, constitute the *848exclusive method of obtaining a blood sample for a violation of Vehicle and Traffic Law § 1192. Although two of the three prosecutions in Moselle involved Penal Law violations in addition to Vehicle and Traffic Law violations, there was not in those cases, as there is here, a court order based on probable cause, authorizing the taking of a blood sample. It is clear that a search warrant may validly be issued to obtain a blood sample in the event of a violation of the Penal Law (Matter of Abe A., 56 NY2d 288), and, in such circumstances, we decline to extend Moselle to require separate resort to Vehicle and Traffic Law § 1194 to sustain Vehicle and Traffic Law offenses which are part of the same indictment. Moreover, the Legislature has amended Vehicle and Traffic Law § 1194 (L 1983, ch 481) to overrule Moselle on its facts.

Defendant’s remaining contention is without merit.

Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone concur; Judge Simons taking no part.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.