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PEOPLE v. ROTH

80 N.Y.2d 239 (1992)

The People of the State of New York, Appellant-Respondent, v. David Roth and Lance Wilson, Respondents, and James Domermuth and Domermuth Petroleum Equipment and Maintenance Corporation, Doing Business as Domermuth Environmental Services, Respondents-Appellants.

Court of Appeals of the State of New York.

Decided October 27, 1992.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, New York City (Richard M. Greenberg and Jerry Boone of counsel), for appellant-respondent.

Sinzheimer & Keefe, P. C., Albany (Ronald H. Sinzheimer and Peter J. Molinaro of counsel), for respondents-appellants.

Edward F. Gerber, Syracuse, and Mary J. Fahey for David Roth, respondent.

Michael J. Vavonese, Syracuse, and Emil M. Rossi for Lance Wilson, respondent.

Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

Chief Judge WACHTLER.

This criminal prosecution stems from the death of an employee of the corporate defendant, a company engaged in the business of transporting petroleum products. The employee was killed when petroleum vapors exploded while he was cleaning a tank trailer. The defendant corporation and defendants Roth and Wilson, the district manager and operations manager of the facility, were indicted for...

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