Judge: Police lawfully attained blood sample

A judge has ruled that police had the right to attain a blood sample of a suspected drunken driver who struck and killed a Suffolk cop last year.

Jose Borbon crashed into a police cruiser in Commack on Feb. 22, 2009, killing officer Glen Ciano. Tests showed Borbon's blood alcohol content was more than twice the legal limit.

Borbon's attorney argued that police should have obtained a court order to get his client's blood sample, but the judge ruled that police did nothing wrong.

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