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PEOPLE v. MILLER

83 Misc.2d 118 (1975)

The People of the State of New York, Plaintiff, v. Henrietta I. Miller, Defendant.

Town Court of Webster, Monroe County.

September 29, 1975

Attorney(s) appearing for the Case

Alfred P. Kremer for defendant. Jack B. Lazarus, District Attorney (Herbert La Page of counsel), for plaintiff.

C. BENN FORSYTH, J.

A motion has been made to dismiss charges of driving while intoxicated upon the grounds section 1192 of the Vehicle and Traffic Law is unconstitutional. The basis of the argument is that there is no difference between subdivisions 1 and 3 in legal definition. The defendant relies upon the case of People v LaPlante (81 Misc.2d 34) in which a local Criminal Court held the section unconstitutional...

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