People v. Kapsuris

The defendant has moved to dismiss a simplified information charging him with violating subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law on the basis that the statute is unconstitutionally vague. Argu*635ment was heard October 14, 1976 and I reserved decision because the Fourth Department, Appellate Division, was then considering the case of People v St. Ours (54 AD2d 1080). The Appellate Division has just rendered a decision unanimously affirming the judgment, St. Ours’ conviction, stating that it did not reach the issue of the constitutionality of subdivision 1 of section…