People v. Cohen

This action was brought by the People against the defendant for an alleged violation of subdivision 28 of section 375 of the Vehicle and Traffic Law which provides: "No person shall operate upon a public highway a vehicle which emits unnecessary smoke or unnecessary offensive vapors.”

Prior to the commencement of the trial the defendant moved to dismiss on the ground that the statute is unconstitutionally vague.

This is a case of first impression, at least as far as reported decisions are concerned. However, it can be dealt with by analogy to a similar provision of the Vehicle and Traffic Law.

Al…