Opinion
August 19, 1985
Appeal from the County Court, Nassau County (Collins, J.).
Judgment affirmed.
Although it was error to have permitted the introduction of evidence concerning the results of tests performed upon a blood sample taken from the defendant without obtaining his consent or a court order ( see, People v. Moselle, 57 N.Y.2d 97; CPL 240.40; see also, Schmerber v. California, 384 U.S. 757), we conclude that, under the facts of this case, such error was harmless. The evidence adduced by the People overwhelmingly established defendant's commission of the crimes of which he stands convicted.
We have examined defendant's other contentions and find them to be either unpreserved for appellate review or without merit. Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.