People v. Golley

Appeal from a judgment of the County Court of Madison County (O’Brien, III, J.), rendered March 5, 1992, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

Defendant contends on this appeal that Vehicle and Traffic Law § 1192 (2) is unconstitutionally vague and that the portion of the sentence imposing a one-year jail term is harsh and excessive. We reject defendant’s argument that the statute is unconstitutionally vague (see, People v Mascolo, 175 AD2d 812; People v Perez, 73 AD2d 677). As to the incarceration portion of the sentence imposed, we find this…