Legal Opinion

People v. Bell

Clarkstown Justice Court

Decided December 2, 1994Published

1Opinion of the Court

OPINION OF THE COURT

Victor J. Alfieri, Jr., J.

DISMISSAL OF CHARGES DUE TO VAGUENESS OF STATUTE

The defendants’ motion is made pursuant to CPL 170.30 (1) (f) alleging in essence, that "[t]here exists some other jurisdictional or legal impediment to conviction of the defendants] for the offense charged”. (CPL 170.30 [1] [f].) Defendants contend an impediment to conviction on the charge of driving with a suspended license, second degree (Vehicle and Traffic Law § 511 [2] [a]), lies in each case due to the fact that such revocation may only be imposed for a finite period and may not continue…

2Cases cited10 opinions

  1. Bell v. BursonSupreme Court of the United States · 1971
  2. State v. Mobil Oil Corp.New York Court of Appeals · 1976
  3. People v. BerckNew York Court of Appeals · 1973
  4. Pratt v. MeltonAppellate Division of the Supreme Court of the State of New York · 1979
  5. Pratt v. MeltonNew York Court of Appeals · 1980

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