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PEOPLE v. ORR

10 Misc.3d 101 (2005)

810 N.Y.S.2d 790

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN ORR and SOUNDVIEW MOTORS, Appellants.

Supreme Court, Appellate Term, Second Department.

December 29, 2005.

Attorney(s) appearing for the Case

Coalition of Landlords, Homeowners & Merchants, Inc., Babylon (R. Bertil Peterson of counsel), for appellants.

T. Kevin Murtha & Associates, P.C., Westbury (Joseph E. Madsen of counsel), for respondent.

RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously affirmed.

At trial, defendants conceded that they operated the premises in violation of the ordinance (Bayville Village Code § 80-45 [B] [5]), but claimed that they had a valid preexisting nonconforming use. A nonconforming use is generally referred to as a use of land which lawfully existed prior to the enactment of the zoning...

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