People v. Licausi, 2010-11430

• Court: New York Supreme Court Appellate Division
• Citation: 122 A.D.3d 771,2014 N.Y. Slip Op. 07687,996 N.Y.S.2d 188
• Docket Number: 2010-11430
• Parties: The PEOPLE, etc., respondent, v. John LICAUSI, appellant.
• Decision Date: 12 November 2014

122 A.D.3d 771
996 N.Y.S.2d 188
2014 N.Y. Slip Op. 07687

The PEOPLE, etc., respondent
v.
John LICAUSI, appellant.

2010-11430

Supreme Court, Appellate Division, Second Department, New York.

Nov. 12, 2014.

996 N.Y.S.2d 189

Richard L. Herzfeld, New York, N.Y., for appellant, and appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.

Opinion

122 A.D.3d 771

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered October 21, 2010, convicting him of aggravated vehicular homicide, manslaughter in the second degree, unlawful fleeing a police officer in a motor vehicle in the first degree, driving while ability impaired by

122 A.D.3d 772

drugs, reckless driving, failing to stop at a stop sign (three counts), failing to stay in a designated lane, failing to stop at a steady red light (two counts), and speeding, upon a jury verdict, and sentencing him, as a persistent felony offender, to terms of imprisonment of 25 years to life upon each of his convictions of aggravated vehicular homicide, manslaughter in the second degree, and unlawful fleeing a police officer in a motor vehicle in the first degree, a term of imprisonment of 1 ? to 4 years upon his conviction of driving while ability impaired by drugs, a term of incarceration of 30 days upon his conviction of reckless driving, and terms of incarceration of 15 days upon each of his convictions of failing to stop at a stop sign, failing to stay in a designated lane, failing to stop at a steady red light, and speeding, all sentences to run concurrently with each other. The appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress the results of a blood test.

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentences imposed upon the convictions of aggravated vehicular homicide, manslaughter in the second degree, and unlawful fleeing a police officer in a motor vehicle in the first degree from terms of imprisonment of 25 years to life to terms of imprisonment of 18 years to life; as so modified, the judgment is affirmed.

The County Court properly denied that branch of the defendant's omnibus motion which was to suppress the results of a blood test on the ground that his blood

996 N.Y.S.2d 190

was not obtained in compliance with Vehicle and Traffic Law § 1194(3). Under the circumstances here, although the police did not strictly comply with the procedures for obtaining a court order to compel the defendant to submit to a chemical...