People v. Lewis

OPINION OF THE COURT

William R Biersack, J.

The defendant has moved this court by a pretrial motion for an order declaring Vehicle and Traffic Law § 1193 (2) (e) (7) unconstitutional.

Upon the submission of this motion the court determined that the motion presented a substantial question of law and sua sponte entered an order dated March 28, 1995 staying any court action to suspend any defendant’s driver’s license pursu*899ant to the statute in question pending the final decision on this motion.

The defendant argues that Vehicle and Traffic Law § 1193 (2) (e) (7) is unconstitutional because it…