Opinion
December 24, 1979
Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered April 17, 1978, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence. Judgment affirmed. Defendant seeks a reversal of his conviction upon the ground that subdivision 2 of section 1192 Veh. Traf. of the Vehicle and Traffic Law is constitutionally defective for vagueness. We find this subdivision to be constitutional (see People v. Cruz, 48 N.Y.2d 419). The defendant's remaining contentions likewise lack merit (see People v. Haitz, 65 A.D.2d 172). O'Connor, J.P., Mangano, Rabin and Gibbons, JJ., concur.