Majority
p. 887The People of the State of New York, Respondent, v William Edward Cosselmon, II, Appellant. [648 NYS2d 399]
Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the driving while intoxicated (DWI) statute is unconstitutional. The constitutionality of the DWI statute is well established (see, People v Cruz, 48 NY2d 419 , appeal dismissed 446 US 901 ). (Appeal from Judgment of Onondaga County Court, McCarthy, J.—Felony Driving While Intoxicated.) Present—Lawton, J. P., Wesley, Callahan, Davis and Boehm, JJ.
Cases cited
- People v. Cruz 48 NY2d 419 p. 887