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PEOPLE v. DEACY

140 Misc.2d 232 (1988)

The People of the State of New York, Plaintiff, v. John J. Deacy, Defendant.

District Court of Nassau County, First District.

June 27, 1988

Attorney(s) appearing for the Case

Augello, Pezold & Hirschmann, P. C. (Timothy J. Daly of counsel), for defendant. Denis Dillon, District Attorney (Robert K. Fischl of counsel), for plaintiff.

B. MARC MOGIL, J.

On January 26, 1988, defendant John Deacy was operating a 1986 Mack tractor trailer with commercial license plates registered to the Shell Oil Company. The truck bore a diamond-shaped placard with the number "1203" upon it, indicating that the vehicle was qualified to carry and transport gasoline (a "hazardous material" pursuant to 49 USC ch 27 [§ 1801 et seq.] and section 14...

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