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PEOPLE v. WAINSCOTT SAND

2015-2912 SCR.

62 Misc.3d 16 (2018)

89 N.Y.S.3d 819

2018 NY Slip Op 28388

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WAINSCOTT SAND AND GRAVEL CORP. et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided December 5, 2018.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP ( David H. Arntsen of counsel) for appellant.

Matthews, Kirst & Cooley, PLLC ( Deborah Choron of counsel) for respondents.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, defendants' motion to dismiss the four accusatory instruments is denied, the accusatory instruments are reinstated, and the matter is remitted to the Justice Court for all further proceedings.

In September 2013, the People charged defendants, in four separate accusatory instruments, with violating, on different dates, section 330-177 (A) of the Code of the Town of Southampton...

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