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PEOPLE v. CATTERSON

98 Misc.2d 357 (1978)

The People of the State of New York, Appellant, v. James M. Catterson and Alexander Villani, Respondents; Donald J. Middleton, as Regional Director of the State of New York Department of Environmental Conservation, Appellant.

Supreme Court, Appellate Term, Second Department.

November 24, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Philip Weinberg and John G. Proudfit of counsel), for respondents. Kenneth K. Rohl for defendants.

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

MEMORANDUM.

Order, insofar as appealed from, unanimously reversed, without costs, and motion to vacate the subpoena duces tecum served upon Donald Middleton, Regional Director of the Department of Environmental Conservation, granted.

Defendants are charged with clamming in uncertified waters in violation of section 13-0309 (subd 1, par a) of the Environmental Conservation Law. Defendants sought to establish the...

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