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PEOPLE v. M&H USED AUTO PARTS

22 A.D.3d 135 (2005)

799 N.Y.S.2d 784

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. M&H USED AUTO PARTS & CARS, INC., et al., Appellants.

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

August 8, 2005.

Attorney(s) appearing for the Case

David Samel, New York City, for appellants.

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw and Julieta V. Lozano of counsel), for respondent.

S. MILLER, J.P., SMITH and CRANE, JJ., concur.

OPINION OF THE COURT

RIVERA, J.

In this appeal, arising out of a criminal prosecution for, inter alia, violations of Environmental Conservation Law § 17-0701 (1) (a) and § 71-1933 (4) (a) (i), the primary issue presented, which is one of first impression, is whether the People must prove the culpable mental state "knowingly," as defined under Penal Law § 15.05 (2), with regard to each and every...

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