People v. Messinger

Memorandum. The order of the Appellate Division should be affirmed.

The 1970 amendment of section 1192 of the Vehicle and Traffic Law on which appellant relies as superseding section 55.10 (subd. 1, par. [b]) and section 70.00 (subd. 2, par. [e]) of the Penal Law, constituted only an editorial rearrangement and clarification of substantive provisions which had been in the statute continuously since 1929 and during a period prior to that. Thus, while it may be said that there is here a piece of legislative incongruity, there is not presented an occasion for the application of the canon of…