OPINION OF THE COURT
CAROLYN E. DEMAREST, J.
The instant indictment is unusual in that the Kings County District Attorney has undertaken, pursuant to ECL 71-0403, to prosecute defendant concrete manufacturer, whose facility is located on the banks of Newtown Creek in Queens County, for discharging "matter" into the creek and for failing to comply with various permit requirements of the ECL. (Defendant Quadrozzi...
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