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PEOPLE v. POVEROMO

79 Misc.2d 42 (1973)

The People of the State of New York, Appellant, v. Vito Poveromo, Respondent.

Supreme Court Appellate Term, Second Department.

August 15, 1973

Attorney(s) appearing for the Case

Peter Dounias, Town Attorney, Town of Smithtown (Charles F. Cacciabaudo of counsel), for appellant.

Concur — GLICKMAN, P. J., PITTONI and FARLEY, JJ.

MEMORANDUM.

In this action, defendant was charged with permitting fresh fill to be dumped onto property below the mean high watermark of the Nissequogue River without obtaining the permit required by chapter 25B-3 of the Code of the Town of Smithtown. After trial, the trial court (see 71 Misc.2d 524) held that:

1. Title to the land in question was held by the State in trust for the People's use.

2. The State...

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