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PEOPLE v. LONG IS LIGHTING CO

88 Misc.2d 123 (1976)

The People of the State of New York, Appellant, v. Long Island Lighting Company, Respondent.

Supreme Court, Appellate Term, Second Department.

June 7, 1976

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Simon Perchik of counsel), for appellant. Edward M. Barrett and Calvin E. Rafuse, Jr., for respondent. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Philip Weinberg and Ezra I. Bialik of counsel), amicus curiae.

Concur: GLICKMAN, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Order dismissing information is affirmed.

Defendant has been prosecuted by the District Attorney for violating 6 NYCRR 227.4, 227.6. The court below properly dismissed the information, holding that prosecution under ECL 71-2105 was exclusively within the purview of the Attorney-General. Since ECL 71-1711 (subd 2) is general in nature, and is applicable only if punishment is not otherwise prescribed by...

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