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PEOPLE v. NOVIE

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41 Misc.3d 63 (2013)

976 N.Y.S.2d 636

2013 NY Slip Op 23315

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRIAN NOVIE, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided September 17, 2013.

Attorney(s) appearing for the Case

Feerick Lynch MacCartney PLLC, South Nyack ( Donald J. Feerick, Jr. , of counsel), for appellant. Michael D. Diederich, Jr. , Stony Point ( Brigitte M. Gulliver of counsel), for respondent.

NICOLAI, P.J., LASALLE and TOLBERT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, and defendant's motion to dismiss the accusatory instrument on the ground that sections 176-6 (A) (1) and 176-7 (C) of the Tree Preservation and Landscape Maintenance Law (Code of the Village of Montebello) of the Village of Montebello are unconstitutional is denied.

By amended information dated November 18, 2011, defendant...

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