Opinion
Argued June 6, 1990
Decided June 14, 1990
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
Joseph B. Pachura, Jr., for appellant.
Robert Abrams, Attorney-General (Julie S. Mereson, O. Peter Sherwood and Peter H. Schiff of counsel), for Nathaniel B. Merrell, respondent.
Barry M. Donalty, District Attorney (Timothy P. Fitzgerald of counsel), respondent pro se.
Judgment affirmed, without costs. Prohibition does not lie to challenge the order issued pursuant to CPL 240.40 directing petitioner to submit to a blood test.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.