Legal Opinion
People v. Cruz
Appellate Terms of the Supreme Court of New York
Decided July 6, 1979Published
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order of the Criminal Court of the City of New York, Bronx County (Figueroa, J.), dated October 31, 1978, is affirmed.
Section 1192 of the Vehicle and Traffic Law which prohibits driving in either an "impaired” or an "intoxicated” condition is unconstitutionally vague in violation of the right to due process (US Const, 14th Arndt; NY Const, art I, § 6).
The due process clause requires that a criminal statute be sufficiently definite to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute (Colautti v Franklin, — US —, 47…
3Cases cited11 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- In Re OliverSupreme Court of the United States · 1948
- United States v. MazurieSupreme Court of the United States · 1975
- United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
- People v. FarmerNew York Court of Appeals · 1975
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