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PEOPLE v. GRIMDITCH

5527

35 Misc.3d 268 (2012)

936 N.Y.S.2d 527

2012 NY Slip Op 22004

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WILLIAM H. GRIMDITCH, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DANIEL NARDIELLO, Defendant. THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROBERT SCHEEFER, Defendant.

County Court, Essex County.

Decided January 5, 2012.

Attorney(s) appearing for the Case

James M. Brooks , Lake Placid, for defendants. Derek P. Champagne , Special District Attorney, Malone, for plaintiff.1

OPINION OF THE COURT

RICHARD B. MEYER, J.

The primary question presented in these cases,2 which appears to be one of first impression, is whether an owner of real property or a building contractor can be held criminally liable under Executive Law § 382 (2) solely because they allowed or engaged in construction activities without first obtaining a building permit under the...

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