Opinion
September 27, 1996.
Judgment unanimously affirmed.
Before: Present Lawton, J.P., Wesley, Callahan, Davis and Boehm, JJ.
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.)