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PEOPLE v. FOX

253 A.D.2d 192 (1999)

692 N.Y.S.2d 174

The People of the State of New York, Respondent, v. Robert Fox, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 1, 1999

Attorney(s) appearing for the Case

Gary Greenwald, Chester, for appellant.

Eliot Spitzer, Attorney-General, Albany (Nancy D. Snyder of counsel), for respondent.

MIKOLL, J. P., MERCURE, CREW III and YESAWICH JR., JJ., concur.

PETERS, J.

In March 1997, Frank Bifera, Acting General Counsel for the Department of Environmental Conservation (hereinafter DEC), wrote to Dennis Vacco, the then Attorney-General, requesting that his office, pursuant to Executive Law § 63 (3), investigate for possible criminal prosecution a purported trespass and theft of timber from privately owned lands designated as tax-exempt forest in Delaware County...

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