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PEOPLE v. CATTERSON

92 Misc.2d 817 (1978)

The People of the State of New York, Plaintiff, v. James M. Catterson and Alexander Villani, Defendants.

District Court of Suffolk County, First District.

January 9, 1978

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Simon Perchik of counsel), for plaintiff. Kenneth K. Rohl for defendants.

ANGELO MAUCERI, J.

The defendants are clammers, charged with taking shellfish from uncertified waters, a misdemeanor defined in ECL 13-0309 (subd 1). They claim first that the District Attorney has no authority to prosecute them, and second, that prosecution of them is discriminatory and violates the equal protection guarantee of the Constitution. The District Attorney opposes defendants' first argument and...

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