PEOPLE v. MATHERSON


35 N.Y.2d 694 (1974)

The People of the State of New York, Respondent, v. Robert Matherson, Appellant.

Court of Appeals of the State of New York.

Decided October 8, 1974.


Attorney(s) appearing for the Case

Arthur J. Powers for appellant.

Henry G. Wenzel, III, District Attorney (Ronald E. Lipetz of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER concur.


MEMORANDUM.

The order appealed from should be reversed. On the present record, there is insufficient evidence that Matherson, as an individual, is the "person" upon whom responsibility for noise violations is placed by the Town of Babylon Code. Certainly, the licensee, the Oak Beach Inn Corporation, might be held accountable for violations (Babylon Code, § 4-65). However, the only connection established at trial between...

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