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PEOPLE v. GRUCCI

194 Misc.2d 16 (2002)

752 N.Y.S.2d 783

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH J. GRUCCI, Respondent.

Supreme Court, Appellate Term, Second Department.

July 2, 2002.

Attorney(s) appearing for the Case

Thomas J. Spota III, District Attorney, Riverhead (Steven A. Hovani of counsel), for appellant.

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

Annette Eaderesto, Town Attorney of Brookhaven, David J. Gilmartin, Jr., Town Attorney of Southampton, and David V. Falkner, Westhampton Beach, for Board of Trustees of the Freeholders and Commonalty of the Town of Brookhaven and another, amici curiae.

John P. Courtney, Amagansett, for Trustees of the Freeholders and Commonalty of the Town of East Hampton, amicus curiae.

Eliot Spitzer, Attorney General, New York City (Gordon J. Johnson and Lisa Feiner of counsel), for State of New York and another, amici curiae.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed.

Environmental Conservation Law § 13-0311 (7) provides that "No person shall take shellfish in any quantity during the time that such digger's permit privileges have been revoked or suspended." "Taking" and "take" are defined under ECL 11-0103 (13) to "include pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, wildlife, game, shellfish, crustacea...

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