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  5. 76 N.Y.2d 511 (1990)
 

PEOPLE v. PYMM

76 N.Y.2d 511 (1990)

The People of the State of New York, Respondent, v. William Pymm, Edward Pymm, Jr., Pymm Thermometer Corporation and Pak Glass Machinery Corporation, Appellants.

Court of Appeals of the State of New York.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Albert J. Brackley and Lewis D. Cohen for appellants.

Robert Abrams, Attorney-General (Nancy Stearns, O. Peter Sherwood and Lawrence S. Kahn of counsel) and Charles J. Hynes, District Attorney (Shulamit Rosenblum and Jay M. Cohen of counsel), for respondent.

Daniel J. Popeo, Richard A. Samp, Jan S. Amundson and Quentin Riegel for Washington Legal Foundation and another, amici curiae.

Michael B. Gerrard and Anne C. Weisberg for New York Committee for Occupational Safety and Health, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

In this case, we consider whether Federal regulation of workplace safety under the Occupational Safety and Health Act of 1970 (29 USC § 651 et seq.) (the Act) preempts New York's efforts to punish culpable employer conduct under its general criminal laws. We conclude that the Act does not expressly or impliedly preempt State prosecution of employers whose criminal activity happens...

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