People v. Cosselmon (231 A.D.2d 887, 1996)

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.