People v. Hebra

Appellate Terms of the Supreme Court of New York

People v. Hebra

116 Misc. 2d 350, 457 N.Y.S.2d 667, 1982 N.Y. Misc. LEXIS 3881

Appellate Terms of the Supreme Court of New York·Decided August 4, 1982·Published·Cited by 1 cases

Opinion

OPINION OF THE COURT

Memorandum.

Order unanimously reversed, on the law, motion denied, and matter remanded for all other proceedings.

Although it was error to entertain defendant’s oral application (CPL 170.45, 210.45), nevertheless, we have considered the merits and hold that the regulation was not unconstitutional because it prohibited pickup trucks from the Taconic State Parkway (see People v Parry, 82 Misc 2d 21). Nor was there any basis to conclude that the regulation was vague or selectively enforced.

Slifkin, J. P., Geiler and Di Paola, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Order unanimously reversed, on the law, motion denied, and matter remanded for all other proceedings.

Although it was error to entertain defendant’s oral application (CPL 170.45, 210.45), nevertheless, we have considered the merits and hold that the regulation was not unconstitutional because it prohibited pickup trucks from the Taconic State Parkway (see People v Parry, 82 Misc 2d 21). Nor was there any basis to conclude that the regulation was vague or selectively enforced.

Slifkin, J. P., Geiler and Di Paola, JJ., concur.

People v. Hebra, 116 Misc. 2d 350, 457 N.Y.S.2d 667, 1982 N.Y. Misc. LEXIS 3881 (N.Y. Ct. App. 1982).

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Opinion

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