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  5. 48 N.Y.2d 419 (1979)
 

PEOPLE v. CRUZ

48 N.Y.2d 419 (1979)

The People of the State of New York, Appellant, v. Hector Cruz, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (David H. Fromm and Alan D. Marrus of counsel), for appellant.

Thomas H. Busch, William E. Hellerstein and Alicia Kaplow for respondent.

Robert Abrams, Attorney-General (Joseph J. Micare and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

The question on this appeal is whether subdivision 1 of section 1192 of the Vehicle and Traffic Law, which prohibits driving while the ability to operate a motor vehicle "is impaired by the consumption of alcohol", and subdivision 3, which prohibits driving "while * * * in an intoxicated condition", are unconstitutionally vague in a case where the driver has refused to submit to any scientific test...

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