Appellate Division of the Supreme Court of the State of New York June 25, 1981 (In re an Investigation into the Death of Abe A.)

Silverman, J.

(dissenting). I would affirm the order appealed from.

The majority holds that the Supreme Court should not have granted an order directing appellant to permit the taking of samples of his blood primarily because no accusatory instrument has yet been filed against appellant.

None of us is so naivé as to think that that is the reason for appellant’s objection.