People v. Merry

Ernest J. Wolfe, Jr., J.

The defendant is charged with a violation of the Muffler Law which is to be found in Vehicle and Traffic Law (§ 15, subd. 1) and reads in part: “ Every such motor vehicle, also, shall have a suitable muffler or device to prevent unnecessary noise from exhaust gases ” (emphasis added).

Defendant’s counsel moves for the dismissal of the information on the ground that the quoted portion of the statute violates the Due Process Clause of the Constitution for vagueness of standard of conduct, and cites People v. Zanchelli (8 Misc 2d 1069) and chapter 630 of the Laws of 1958.

Se…