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PEOPLE v. GRUCCI

188 Misc.2d 584 (2001)

729 N.Y.S.2d 577

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH J. GRUCCI, Defendant.

District Court of Suffolk County, First District.

May 2, 2001.

Attorney(s) appearing for the Case

VanBrunt, Juzwiak & Russo, P. C., Sayville (J. Lee Snead of counsel), for defendant.

James M. Catterson, Jr., District Attorney of Suffolk County, Central Islip (Dina Cangero of counsel), for plaintiff.

OPINION OF THE COURT

EMILY PINES, J.

Ordered that the branch of defendant's motion seeking to dismiss pursuant to CPL 170.30 and 170.35 is granted for the reasons set forth below. The remainder of the motion is denied as academic.

Defendant herein, Joseph J. Grucci, has been charged with violating Environmental Conservation Law § 13-0311 (7). That statutory subdivision states that, "No person shall take shellfish

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