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PEOPLE v. ALLIED HEALTH CARE

81 N.Y.2d 27 (1993)

The People of the State of New York, Respondent, v. Allied Health Care Products, Inc., William Doering and Raymond Ringer, Appellants.

Court of Appeals of the State of New York.

Decided February 23, 1993.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Morin of the District of Columbia Bar, admitted pro hac vice (Barry William Levine of counsel), Rapport, Meyers, Griffen & Whitbeck, Hudson, Burditt & Radzius, of the District of Columbia Bar, admitted pro hac vice, and Schulman, Treem, Kaminkow & Gilden, of the Maryland Bar, admitted pro hac vice, for appellants.

Robert Abrams, Attorney-General, Albany (Jo M. Katz, Jerry Boone, Peter H. Schiff and Clive I. Morrick of counsel), for respondent.

Judges KAYE and TITONE concur with Judge BELLACOSA; Acting Chief Judge SIMONS concurs in a separate opinion in which Judge HANCOCK, JR., concurs; Judge SMITH dissents and votes to affirm in another opinion.

BELLACOSA, J.

An investigation by the Department of Environmental Conservation (DEC) culminated in a Grand Jury indictment against appellant Allied Health Care Products, Inc. (Allied) and two of its employees. It charged five counts: (1) endangering public health, safety or the environment in the second degree (ECL 71-2713 [5]); (2) endangering public health, safety or the environment in the third degree (ECL...

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