People v. Moser

In People v. Moser (70 NY2d 476), the Court of Appeals held that the personal presence and supervision by a physician of a technician who drew a blood sample was not required by Vehicle and Traffic Law 1194. The Court found that the supervision requirements were satisfied by the physician's authorization of the test (id.). Significantly, however, the physician in that case testified that he directed and supervised all activities in the emergency room and had authorized the drawing of the blood.