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PEOPLE v. WAINSCOTT SAND CORP.

2015-2912 SCR.

59 Misc.3d 67 (2018)

75 N.Y.S.3d 782

2018 NY Slip Op 28106

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WAINSCOTT SAND AND GRAVEL CORP. et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided April 5, 2018.

Attorney(s) appearing for the Case

James M. Burke, Town Attorney (Richard M. Harris of counsel), for appellant.

Matthews, Kirst & Cooley, PLLC (Deborah Choron of counsel) for respondents.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, defendants' motion to dismiss the accusatory instruments is denied, the accusatory instruments are reinstated, and the matter is remitted to the Justice Court for all further proceedings.

In September 2013, the People charged defendants, in four separate accusatory instruments, with violating, on different dates, section 330-177 (A) of the Code of the Town of Southampton...

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