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PEOPLE v. BRADFORD

96 Misc.2d 298 (1978)

The People of the State of New York, Plaintiff, v. Charles Bradford, Defendant.

Supreme Court, Criminal Term, Bronx County.

September 27, 1978

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Richard O. Nidel of counsel), for plaintiff. Leon Polsky and Alicia Kaplow for defendant.

HOWARD E. GOLDFLUSS, J.

The defendant herein is indicted and charged with operating a motor vehicle while under the influence of alcohol. He now moves to dismiss the indictment on the ground that section 1192 of the Vehicle and Traffic Law is unconstitutionally vague in that it fails to clearly include what conduct is proscribed and fails to define the elements of the prohibited offense with appropriate clarity...

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