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PEOPLE v. STUART

263 A.D.2d 347 (2000)

705 N.Y.S.2d 729

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WAYNE R. STUART, Respondent.

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

April 6, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw of counsel), for appellant.

Michael Breen, Middleburg, for respondent.

MERCURE, J. P., SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

On August 21, 1998, Frank Bifera, General Counsel for the Department of Environmental Conservation (hereinafter DEC), wrote to Dennis Vacco, the then Attorney General, requesting that his office investigate, pursuant to Executive Law § 63 (3), a purported theft of timber from privately owned lands. The letter, printed on official DEC stationery, indicated that the Commissioner of Environmental Conservation was among the...

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