A state judge ruled Wednesday that police did nothing wrong when they took a blood sample showing Jose Borbon may have been drunk last year when he crashed into a Suffolk police cruiser in Commack, killing Officer Glen Ciano.

State Supreme Court Justice Robert W. Doyle also ruled that Borbon, 24, of Plainview, may be tried on both manslaughter and vehicular manslaughter charges.

Borbon, who is held on $1 million bail, is due back in court on May 6. He has pleaded not guilty to second-degree manslaughter and first-degree vehicular manslaughter.

Prosecutors allege Borbon was drunk and talking on his cell phone on Feb. 22, 2009, when he crashed into Ciano's patrol car at Commack Road and Vanderbilt Parkway. The police car struck a utility pole and burst into flames.

Borbon had a blood-alcohol level of .19 percent, more than twice the legal limit of .08 percent, authorities said.

Borbon's attorney, William Petrillo of Rockville Centre, argued police unnecessarily obtained a court order to get a blood sample from his client. Prosecutors said Borbon refused to voluntarily provide a sample, an assertion that Petrillo denied.

Petrillo also argued Borbon could not be tried for manslaughter because deaths resulting from motor vehicle accidents must be prosecuted as vehicular manslaughter cases.

Doyle Wednesday rejected both arguments.

"Although defendant alleges that he did not refuse to submit to a blood-alcohol test, the evidence is to the contrary," the judge wrote.

Petrillo declined to comment Wednesday.

Borbon also is charged with endangering the welfare of a child for allegedly giving a 17-year-old friend cocaine at his apartment before the crash.

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