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PEOPLE v. COOPERAGE CO.

128 A.D.2d 7 (1987)

The People of the State of New York, Appellant, v. J.R. Cooperage Co., Inc., and Gustave Rosenberg, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff, James A. Sevinsky, Nancy Stearns and James J. Periconi of counsel), for appellant.

Berle, Kass & Case (Michael B. Gerrar and Ralph E. Hallo of counsel), for respondents.

MANGANO, J. P., BROWN and SPATT, JJ., concur.

WEINSTEIN, J.

Our resolution of the instant appeal hinges upon the proper interpretation of ECL 71-2715, which provides:

"No person shall: "1. With intent that another person possess or dispose of hazardous wastes without authorization, solicit, request, command, importune or otherwise attempt to cause such other person to engage in such conduct; or "2. Believing it probable that he...

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