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PEOPLE v. COUNTY EXCAVATION

77 Misc.2d 358 (1974)

The People of the State of New York, Plaintiff, v. County Excavation, Inc., and John F. Hoffman, Defendants.

Justice Court of Town of Colonie.

February 4, 1974

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert C. Glennon of counsel), for plaintiff. Tabner, Carlson, Justice, Daffner & Farrell (John W. Tabner of counsel), for defendants.

FRANK A. TATE, JR., J.

This is a motion by the defendants to dismiss an information on the ground that the prosecution is untimely.

Both the corporate and the individual defendant are charged in the five-count information with violations of specified provisions of the Industrial Code for the protection of the Labor Law, a first offense for such violations is punishable by a fine of not more than $100 or by imprisonment for not more than 15 days...

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