It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by granting judgment in favor of respondent-defendant as follows:
It is adjudged and declared that section 307-8 (D) of the Code of the City of Buffalo is not facially unconstitutional, and as modified the order and judgment is affirmed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking vacatur of his guilty plea to a traffic...
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