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PEOPLE v. HARRIS CORP.

123 Misc.2d 989 (1984)

The People of the State of New York, Plaintiff, v. Harris Corporation, Larry Laforest and Robert Morgan, Defendants.

County Court, Special Term, Clinton County.

January 12, 1984

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna (John Hanna, Jr., and William Quinlan of counsel), for Harris Corporation, defendant. McPhillips, Fitzgerald, Meyer & McLenithan (Joseph Brennan of counsel), for Larry Laforest, defendant. Harvey & Harvey, Mumford & Kingsley (William Dreyer of counsel), for Robert Morgan, defendant. Robert Abrams, Attorney-General (Val Washington and Alan T. O'Sullivan of counsel), for plaintiff.

IRVING GOLDMAN, J.

This omnibus motion by the defendants seeks, among other things, an order dismissing the indictment on the ground, among others, that ECL 71-2717 under which they are charged is unconstitutional in that rules and regulations promulgated by the Department of Environmental Conservation and essential to its enforcement were unconstitutionally established.

The indictment, consisting of three counts, charged each defendant with the...

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