People v. Atkins

In People v. Atkins (85 NY2d 1007 [1995]), the defendant had "expressly and voluntarily consented to administration of the blood test" within two hours of his arrest, but the test was not conducted until more than two hours after it. Rejecting the argument that the two-hour time limit is "an absolute rule of relevance, proscribing admission of the results of any chemical test administered after that period regardless of the nature of the driver's consent," the Court unequivocally held that "the two-hour limitation contained in Vehicle and Traffic Law 1194 (2) (a) has no application here" (id. at 1009).