PEOPLE v. VAN BUREN


4 N.Y.3d 640 (2005)

830 N.E.2d 1130

797 N.Y.S.2d 802

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANDREW H. VAN BUREN, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARY B. JEANNITON, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 2005.


Attorney(s) appearing for the Case

Richard D. Northrup, Jr., District Attorney, Delhi (John Hubbard of counsel), for appellant.

Andrew H. Van Buren, Hobart, respondent pro se.

Terence P. O'Leary, Walton, for Mary B. Jeanniton, respondent.

Michael A. Cardozo, Corporation Counsel, Kingston (Leonard Koerner, Hilary Meltzer and Linda A. Geary of counsel), for City of New York, amicus curiae.

Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock, Peter H. Lehner, Denise A. Hartman and James Tierney of counsel), for State of New York, amicus curiae.

Young Sommer Ward Ritzenberg Baker & Moore, LLC, Albany (Jeffrey S. Baker of counsel), for Coalition of Watershed Towns, amicus curiae.


OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case whether the New York City Department of Environmental Protection (DEP) Water Supply Police are authorized to enforce traffic laws within the city watershed. Based on the statutes underlying their authority as police officers, we reverse the dismissal of the simplified traffic informations at issue.

I.

By the end of the 19th century...

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