People v. Wittmann

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Defendant was convicted of driving while intoxicated. He appeals on the grounds that (1) he was denied a speedy trial, (2) section 1192 of the Vehicle and Traffic Law is unconstitutional, and (3) the verdict was against the weight of the evidence. In the recent case of People v Cruz (48 NY2d 419), the Court of Appeals sustained the constitutionality of section 1192 of the Vehicle and Traffic Law. The trial transcript shows clearly that the evidence was sufficient to sustain the verdict. The only…