People v. M&H Used Auto Parts & Cars, Inc.

22 A.D.3d 135, 799 N.Y.S.2d 784, 2005 N.Y. App. Div. LEXIS 8428
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 8, 2005
StatusPublished
Cited by10 cases

This text of 22 A.D.3d 135 (People v. M&H Used Auto Parts & Cars, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. M&H Used Auto Parts & Cars, Inc., 22 A.D.3d 135, 799 N.Y.S.2d 784, 2005 N.Y. App. Div. LEXIS 8428 (N.Y. Ct. App. 2005).

Opinion

OPINION OF THE COURT

Rivera, J.

In this appeal, arising out of a criminal prosecution for, inter alia, violations of Environmental Conservation Law § 17-0701 (1) (a) and § 71-1933 (4) (a) (i), the primary issue presented, which is one of first impression, is whether the People must prove the culpable mental state “knowingly,” as defined under Penal Law § 15.05 (2), with regard to each and every element of those offenses. We conclude that “knowingly” applies to each and every element thereof. We find that the evidence was legally and factually sufficient to establish, beyond a reasonable doubt, the defendants’ guilt of violating those sections of the Environmental Conservation Law.

With regard to the subsidiary issues raised by the defendants, namely, that the evidence was legally and factually insufficient to establish their guilt as to the remaining three counts of the indictment, endangering public health, safety or the environment in the fourth degree in violation of Environmental Conservation Law § 71-2711 (3) (three counts), and that the fines imposed were excessive, those contentions are without merit.

[137]*137Factual Background

The defendant Mordechay Sasy owns the defendant M&H Used Auto Parts & Cars, Inc. (hereinafter M&H), a vehicle dismantling business, located in Queens County, New York. Between January 1999 and January 2000, the New York City Police Department (hereinafter the police) conducted an undercover investigation of vehicle dismantling businesses. In this regard, an undercover detective posed as a scrap metal processor and purchased 166 “junked” vehicles from M&H.

At trial, the detective testified that, in the course of the investigation, he observed Sasy dismantle vehicles without first draining the fluids, resulting in a discharge of liquids, such as motor oil, antifreeze, and transmission fluid, onto the ground. He stated that he also observed “Speedy Dry,” a material used to soak up oil spills, on the ground. The detective further testified that he observed Sasy and his employees empty gasoline into five-gallon pails and, in the process, spill gasoline on the ground.

On June 6, 2000, the detective visited M&H. On that day, it was raining heavily. The detective observed oil and antifreeze on the ground.

On September 27, 2000, the detective, other law enforcement officers, members of the Attorney General’s office, and officers of the Department of Environmental Conservation (hereinafter the DEC) executed a search warrant authorizing a search of M&H’s yard and office. According to the detective, on that date he observed an 8-by-10-foot puddle of oily soil at the entrance to the yard, and “a lot” of oil and antifreeze covered with Speedy Dry in the yard. In the rear of the yard, the detective discovered in a pit in the ground a sump pump that was plugged in with an electrical cord. An uncoiled hose ran from the sump pump into a hole in the rear wall of an adjoining business, through a galvanized pipe mounted along the interior wall of the adjoining business, and out onto 38th Avenue in Queens. The sump pump was not pumping at the time. However, the detective noticed that there was fluid in the hose. The sump pit was about half filled with water that had an oily sheen and smelled like oil, antifreeze, and gasoline, and water appeared to have been pumped out because the interior of the sump pit was still wet. There were four catch basins at the intersection of 38th Avenue and 126th Street, and when it rained, a “small pond” developed on 38th Avenue and ran from M&H toward 126th Street into the catch basins. A videotape depicting the [138]*138condition of the yard, including the sump pit, purportedly taken on September 27, 2000, was played for the jury.

On September 27, 2000, a DEC engineering geologist collected a sample of the liquid from the sump pit to test for petroleum. The sample was tested and found to contain lubricating oil.

The supervisor of water and sewer systems for the New York City Department of Environmental Protection in Queens (hereinafter the DEP) testified that in Queens County, storm sewers carry rainwater via underground pipes out into the nearest waterway. Rainwater enters the storm sewer through catch basins located in the street. In the location of M&H, the storm sewers emptied into Flushing Bay.

The regional permit administrator for the DEC who is responsible for processing applications for environmental permits, including state pollution discharge elimination system or SPDES permits, in the Region II office which covers the five boroughs of the City of New York, testified that an SPDES permit is designed to insure water quality by regulating discharges into bodies of water. An SPDES permit is required for any point source discharge of contaminants into surface waters or groundwaters of the state. A sump pump is a point source and, therefore, anyone intending to operate one is required to obtain an SPDES permit. A diligent search of all SPDES permits issued disclosed that in 1999 and 2000, neither defendant had been issued an SPDES permit.

The People’s expert on hydrogeology and solid and hazardous waste management was, as former director of DEC’s Solid and Hazardous Waste Program, familiar with the vehicle dismantling business. He described the proper method by which to drain and recapture fluids from vehicles prior to dismantling: the use of a drip pan and funnel to allow fluids to drain into a storage tank. He testified that dumping vehicle fluids onto the ground is not permitted because it has severe environmental implications.

DEC’s Region II office has regulatory oversight of vehicle dismantlers and receives annual waste fluid disposal reports required to be filed by junkyards and vehicle dismantlers that report, among other things, how much waste fluids are generated, and where these fluids are disposed. On February 15, 2001, a DEC police officer issued M&H a summons for failure to file an annual waste fluid report for the year 1999 and notified M&H’s manager that M&H still had 15 days in which to file the [139]*139annual waste fluid report for the year 2000. A search of DEC’s records revealed that M&H did not file an annual waste fluid disposal report for the year 2000.

At trial, Sasy testified that from May 1999 through January 2000, he used pans and 55-gallon drums to collect the fluids from the vehicles that he dismantled. He also used carpets in case of leaks and Speedy Dry to absorb any occasional spills. He discarded used carpets and used Speedy Dry with the garbage. Sasy claimed that he used a company named Tri-City Waste Oil to collect waste oils every couple of months and a company named Planet Recovery that collected antifreeze and oil. Sasy produced copies of certain receipts that he claimed were given by Tri-City and Planet Recovery. According to Sasy, the original Tri-City receipts were removed from M&H during the execution of the search warrant. Sasy conceded that the inventory list for documents seized from M&H, which was signed by Sasy, did not reflect any receipts.

Sasy testified that the sump pit and hose were already on the property when he opened M&H in November 1999.

In rebuttal, the People produced two witnesses who testified that, during the investigation, Sasy stated that Planet Recovery took care of his waste oils and antifreeze disposal and that he never mentioned a company named Tri-City Waste Oil.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Torres (Carlos)
Appellate Terms of the Supreme Court of New York, 2019
People v. Grimditch
35 Misc. 3d 268 (New York County Courts, 2012)
People v. Schmitt
77 A.D.3d 775 (Appellate Division of the Supreme Court of New York, 2010)
Pro Home Builders, Inc. v. Greenfield
67 A.D.3d 803 (Appellate Division of the Supreme Court of New York, 2009)
People v. Tracey
25 Misc. 3d 849 (New York County Courts, 2009)
People v. Quadrozzi
55 A.D.3d 93 (Appellate Division of the Supreme Court of New York, 2008)
State Division of Human Rights v. Berler
46 A.D.3d 32 (Appellate Division of the Supreme Court of New York, 2007)
Jericho Water District v. One Call Users Council, Inc.
37 A.D.3d 136 (Appellate Division of the Supreme Court of New York, 2006)
People v. Adinolfi
14 Misc. 3d 348 (New York County Courts, 2006)
People v. Quadrozzi
13 Misc. 3d 261 (New York Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
22 A.D.3d 135, 799 N.Y.S.2d 784, 2005 N.Y. App. Div. LEXIS 8428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mh-used-auto-parts-cars-inc-nyappdiv-2005.