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PEOPLE v. SCHAUM

10 Misc.3d 94 (2005)

810 N.Y.S.2d 788

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GARY SCHAUM, Respondent.

Supreme Court, Appellate Term, Second Department.

December 2, 2005.

Attorney(s) appearing for the Case

Vincent J. Messina, Jr., Town Attorney, Islip (Robert L. Cicale of counsel), for appellant.

Murray & Hopkins, Hauppauge (Mark A. Murray of counsel), for respondent.

RUDOLPH, P.J., MCCABE and TANENBAUM, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal unanimously dismissed.

Defendant was charged with a violation of Islip Town Code § 35-3 (D) which prohibits engines from creating noise disturbances. After a trial, the court granted one branch of defendant's posttrial motion and dismissed the case. Although the People's appeal was dismissed by this court (People v. Schaum, 2001 NY Slip Op 40426...

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