PEOPLE v. KAPSURIS


89 Misc.2d 634 (1976)

The People of the State of New York, Plaintiff, v. Nicholas Kapsuris, Defendant.

County Court, Erie County.

November 29, 1976


Attorney(s) appearing for the Case

Michael M. Blinkoff for defendant. Edward C. Cosgrove, District Attorney (Joseph Hoden of counsel), for plaintiff.


ERNEST L. COLUCCI, J.

The defendant has moved to dismiss a simplified information charging him with violating subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law on the basis that the statute is unconstitutionally vague. Argument was heard October 14, 1976 and I reserved decision because the Fourth Department, Appellate Division, was then considering the case of People v St. Ours (

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