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PEOPLE v. BABYLON TRANSIT

93 Misc.2d 67 (1977)

The People of the State of New York, Appellant, v. Babylon Transit, Inc., Respondent. The People of the State of New York, Appellant, v. Lindenhurst Bus Company, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

December 14, 1977

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Simon Perchik of counsel), for appellant. Annino, Ehrlich & Gowan (James A. Gowan of counsel), for respondents.

Concur: FARLEY, P. J., GLICKMAN and GAGLIARDI, JJ.

MEMORANDUM.

Order granting defendants' motion to dismiss the informations unanimously reversed on the law and facts, motion denied, informations reinstated and matter remanded for trial.

Defendants were prosecuted for violating article 10 (§ 27, subd [a]) of the Suffolk County Sanitary Code which prohibits the idling of a motor vehicle engine for more than three minutes, a law evidently designed to reduce air...

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