People v. La Gana

John M. Friedman, Sr., J.

Defendant is charged with *1040violation of section 511 of the Vehicle and Traffic Law, which provides that one operating a motor vehicle on a public highway while his license is suspended shall be guilty of a misdemeanor. He moves for dismissal of the charge upon the ground that the suspension was invalid, having been done under section 510 of that law, which, he argues, in its relevant provisions is unconstitutional.

It appears from concessions of defendant and of the People made for the purposes of this motion that defendant had, prior to the incident involved here,…