Saying it was improper and without merit, a Nassau County, N.Y., judge has dismissed a constitutional challenge to a new drunken-driving court and District Attorney Kathleen Rice’s tough plea-bargaining policies for DWI defendants.

Supreme Court Justice Zelda Jonas found that the Article 78 proceeding, which names Rice and Nassau County Administrative Judge Anthony Marano, should have been commenced in the Appellate Division, 2nd Department.

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