People v. Grejszak

OPINION OF THE COURT

Leon N. Armer, J.

Defendant has been charged by indictment with driving while intoxicated as a felony in violation of subdivisions 2, 3 and 5 of section 1192 of the Vehicle and Traffic Law. He has moved for dismissal of the indictment on the grounds that subdivision 3 of section 1192 is unconstitutionally vague as heretofore found by decision passed upon an Appellate Term, First Judicial Department, in People v Cruz (NYLJ, July 10, 1979, p 5, col 1).

As a court of original jurisdiction this court can accept and act upon a claim of unconstitutionality of a statute only when a…