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PEOPLE v. LEWIS

166 Misc.2d 898 (1995)

636 N.Y.S.2d 539

The People of the State of New York, Plaintiff, v. Carolyn B. Lewis, Defendant.

Justice Court of Village of Fishkill, Dutchess County.

July 18, 1995

Attorney(s) appearing for the Case

Marco Caviglia for defendant. William V. Grady, District Attorney of Dutchess County (D. Lincoln Woodard, Bridget Rahilly Steller, Robert J. Knapp and Kristine Hawlk of counsel), for plaintiff.

WILLIAM R. BIERSACK, J.

The defendant has moved this court by a pretrial motion for an order declaring Vehicle and Traffic Law § 1193 (2) (e) (7) unconstitutional.

Upon the submission of this motion the court determined that the motion presented a substantial question of law and sua sponte entered an order dated March 28, 1995 staying any court action to suspend any defendant's driver's license pursuant

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