PEOPLE v. MESSINGER


35 N.Y.2d 987 (1975)

The People of the State of New York, Respondent, v. Terry C. Messinger, Appellant.

Court of Appeals of the State of New York.

Decided January 20, 1975.


Attorney(s) appearing for the Case

W. K. Cuddy, III for appellant.

Gary Lucas, Special District Attorney, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The 1970 amendment of section 1192 of the Vehicle and Traffic Law on which appellant relies as superseding section 55.10 (subd. 1, par. [b]) and section 70.00 (subd. 2, par. [e]) of the Penal Law, constituted only an editorial rearrangement and clarification of substantive provisions which had been in the statute continuously since 1929 and during...

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