PEOPLE v. BUTLER


96 A.D.2d 140 (1983)

The People of the State of New York, Respondent, v. Allen T. Butler, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983


Attorney(s) appearing for the Case

Richard E. Regan for appellant.

Howard R. Relin, District Attorney (Michael Nelson of counsel), for respondent.

DILLON, P. J., CALLAHAN, DOERR and O'DONNELL, JJ., concur.


MOULE, J.

This appeal concerns the constitutionality of a felony conviction for driving while intoxicated (Vehicle and Traffic Law, § 1192, subd 5). Defendant contends that reversal is required because subdivision 5 of section 1192 of the Vehicle and Traffic Law is an unconstitutional bill of attainder (US Const, art I, § 10) and, also, that his conviction is void because it violated the double jeopardy...

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