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PEOPLE v. GAUGH

2011-406 ORCR.

37 Misc.3d 9 (2012)

951 N.Y.S.2d 826

2012 NY Slip Op 22164

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH GAUGH, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 13, 2012.

Attorney(s) appearing for the Case

Eckert Seamans Cherin & Mellott, LLC, White Plains ( Riyaz G. Bhimani of counsel), for appellant.

Kessler Law Offices, Slate Hill ( Leonard Kessler of counsel), for respondent.

LACAVA, J.P., MOLIA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, as a matter of discretion in the interest of justice, the accusatory instrument is dismissed and the fine, if paid, is remitted.

Defendant was charged in a simplified traffic information with failing to make hazardous materials available for inspection in violation of Transportation Law § 14-f (2), which incorporates...

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