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People v. Cole

Appellate Division of the Supreme Court of New York, Third Department
Jul 18, 1985
112 A.D.2d 623 (N.Y. App. Div. 1985)

Opinion

July 18, 1985

Appeal from the County Court of Columbia County (Leaman, J.).


Defendant was the operator of a motor vehicle involved in a two-car accident which resulted in the death of the operator of the other vehicle. All factual issues of her guilt have been resolved upon her plea of guilty ( People v. Taylor, 65 N.Y.2d 1), and the only significant issue on this appeal is whether defendant voluntarily gave her consent to a blood sample being taken from her at the emergency room of a hospital following the accident in question.

The record demonstrates that defendant sustained a head injury at the time of the accident and that, during an interview with her by a police officer at the hospital, she seemed "confused", although she was aware of the purpose of the test. There was also testimony from the nurse who actually took the blood sample that at that time, and at the time that she signed a consent form, defendant understood what had transpired and was in a "lucid, clear" state. Essentially, the testimony presents factual issues which County Court determined in favor of the prosecution on defendant's suppression motion. We agree with the findings of County Court that consent was knowingly and intelligently made, and such findings will not be disturbed by this court on appeal ( see, People v. Kates, 53 N.Y.2d 591).

Judgment affirmed. Mahoney, P.J., Kane, Main, Casey and Weiss, JJ., concur.


Summaries of

People v. Cole

Appellate Division of the Supreme Court of New York, Third Department
Jul 18, 1985
112 A.D.2d 623 (N.Y. App. Div. 1985)
Case details for

People v. Cole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUANN COLE, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 18, 1985

Citations

112 A.D.2d 623 (N.Y. App. Div. 1985)

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