PEOPLE v. BAUMANN & SONS


6 N.Y.3d 404 (2006)

846 N.E.2d 457

813 N.Y.S.2d 27

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BAUMANN & SONS BUSES, INC., Respondent.

Court of Appeals of the State of New York.

Decided March 23, 2006.


Attorney(s) appearing for the Case

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

Hamburger, Maxson, Yaffe, Wishod, Knauer & Rothberg, LLP, Melville (Richard Hamburger and William P. Caffrey, Jr. of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

Chief Judge KAYE.

Defendant was charged with violating Islip Town Code § 35-3 (D), which prohibits unreasonable engine noise. After a nonjury trial, District Court found defendant guilty, concluding that the People had proved beyond a reasonable doubt that on the date in question, defendant continuously operated approximately 50 bus engines for several hours beginning at 5:30 A.M...

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