People v. Rhodes

OPINION OF THE COURT

John V. Aylward, J.

In a motion dated October 18, 1983 defendant moves to dismiss the first and second counts of the indictment which respectively charge the defendant with violating subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law upon the grounds that those statutes are unconstitutional under both the New York and the United States Constitutions, at least as to this defendant because he suffers from the disease of alcoholism, and that because those persons who suffer from alcoholism are not criminals and should not be treated as such. For the purposes…