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PEOPLE v. LUSTIG

101 Misc.2d 54 (1979)

The People of the State of New York, Respondent, v. Harry Lustig, Appellant.

Supreme Court, Appellate Term, First Department.

September 14, 1979.

Attorney(s) appearing for the Case

Arthur Pelikow for appellant. Robert Abrams, Attorney-General (Henriette Frieder and Philip J. Volastro of counsel), for respondent.

Concur: TIERNEY, J. P., RICCOBONO and ASCH, JJ.

Per Curiam.

Judgment of conviction rendered September 15, 1978 (FLORIO, J.) reversed, on the law, and information dismissed.

In our view, this defendant did not "knowingly permit" the subject corporation to violate the Labor Law (§ 198-a) by failing to pay the wages of certain employees. Nominal officers or any others who are not actually in touch with the corporate affairs are not subject to criminal...

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