People v. Cecconi

The defendant is presently before this court charged with a violation of subdivision a of section 1129 of the Vehicle and Traffic Law. At the close of the People’s case, the defendant renewed his motion for a dismissal of the charge on the ground that the statute in question is unconstitutional by reason of its vagueness and uncertainty, decision on such motion having previously been reserved.

The facts, as revealed by the People’s ease, are as follows: The arresting officer, Trooper Richard A. Foreman, Jr., was proceeding easterly on New York State Route No. 5 in the Town of Schuyler,…