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PEOPLE v. J. R. COOPERAGE CO

72 N.Y.2d 579 (1988)

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

Court of Appeals of the State of New York.

Decided November 29, 1988.

Attorney(s) appearing for the Case

Michael B. Gerrard and Jeffrey B. Gracer for appellants.

Robert Abrams, Attorney-General (Nancy Stearns, O. Peter Sherwood and James A. Sevinsky of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

The issue on this appeal is whether defendants may be convicted under ECL 71-2715 (1) of attempting to cause another to unlawfully possess or dispose of hazardous wastes in the absence of any evidence of solicitation or attempted solicitation. For the reasons that follow, we conclude that it is not necessary that there be evidence of solicitation or attempted solicitation to establish a violation...

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