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PEOPLE v. DELTA CARTING CORP.

136 Misc.2d 268 (1987)

The People of the State of New York, Plaintiff, v. Delta Carting Corp., Defendant.

District Court of Nassau County, Central Traffic Court.

July 21, 1987

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Timothy McNamara of counsel), for plaintiff. David B. Grossman for defendant.

IRA B. WARSHAWSKY, J.

The defendant was charged with operating an auto cardump truck, commonly known as a garbage truck, where the weight on the rear axles was greater than 36,000 pounds, to wit: 62,000 pounds, in violation of Vehicle and Traffic Law § 385 (9). After the People's case, the defendant moved to dismiss due to the failure of the People to prove a prima facie case as to each element of the...

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