Opinion
August 4, 1982
Appeal from the Town Court of the Town of Milan, Dutchess County, RICHARD P. LAIBACH, J.
John R. King, District Attorney ( Bridget R. Rahilly of counsel), for appellant.
Robert Abrams, Attorney-General ( James McSparron and Judith I. Ratner of counsel), for State of New York, amicus curiae.
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 Crim. Proc.), 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.