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PEOPLE v. ULLRICH

159 Misc.2d 548 (1993)

609 N.Y.S.2d 758

The People of the State of New York, Appellant, v. John Ullrich, III, Respondent.

Supreme Court, Appellate Term, Second Department.

September 13, 1993

Attorney(s) appearing for the Case

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Susan Braitman of counsel), for appellant. Samuel J. Di Meglio, Melville, for respondent.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously modified on the law by denying the motion to dismiss as to the information charging defendant with underage operation of a vessel and remanding the matter for all further proceedings and, as so modified, affirmed.

Reckless operation of a vessel appears not to have been treated as a crime prior to the enactment of the present Penal Law (see, People v Gorman,

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