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PEOPLE v. GREJSZAK

100 Misc.2d 1045 (1979)

The People of the State of New York, Plaintiff, v. Stanley Grejszak, Defendant.

Supreme Court, Erie County.

September 26, 1979

Attorney(s) appearing for the Case

Richard Rosche for defendant. Edward C. Cosgrove, District Attorney (Barry A. Zavah of counsel), for plaintiff.

LEON N. ARMER, J.

Defendant has been charged by indictment with driving while intoxicated as a felony in violation of subdivisions 2, 3 and 5 of section 1192 of the Vehicle and Traffic Law. He has moved for dismissal of the indictment on the grounds that subdivision 3 of section 1192 is unconstitutionally vague as heretofore found by decision passed upon an Appellate Term, First Judicial Department, in

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