Opinion
July 8, 1993
Appeal from the County Court of Madison County (O'Brien, III, J.).
Defendant contends on this appeal that Vehicle and Traffic Law § 1192 (2) is unconstitutionally vague and that the portion of the sentence imposing a one-year jail term is harsh and excessive. We reject defendant's argument that the statute is unconstitutionally vague (see, People v. Mascolo, 175 A.D.2d 812; People v. Perez, 73 A.D.2d 677). As to the incarceration portion of the sentence imposed, we find this issue to be moot because the maximum term of defendant's sentence has apparently expired (see, People v. Millard, 155 A.D.2d 820). In any event, were we to consider this issue, we would not disturb the sentence imposed by County Court (see, People v. Miller, 163 A.D.2d 627, 629, lv denied 76 N.Y.2d 942).
Mikoll, J.P., Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.