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PEOPLE v. DEMPERIO

86 N.Y.2d 549 (1995)

658 N.E.2d 718

634 N.Y.S.2d 672

The People of the State of New York, Appellant, v. Michael J. Demperio, Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1995.

Attorney(s) appearing for the Case

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (John B. LaParo, James P. Maxwell and Gordon J. Cuffy of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (John McConnell, Victoria A. Graffeo and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in Per Curiam opinion.

Per Curiam.

This appeal calls into question the constitutionality of Vehicle and Traffic Law § 1193 (2) (b) (3). Considering the presumption of constitutionality together with the clear language of the subsection, we reverse County Court's order declaring the statute unconstitutionally vague.

Defendant was stopped while driving his car in the Town of Geddes on September 19, 1992, and charged with aggravated unlicensed...

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