People v. Schuler

Appellate Terms of the Supreme Court of New York

People v. Schuler

93 Misc. 2d 684, 403 N.Y.S.2d 616, 1977 N.Y. Misc. LEXIS 2668

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 15, 1977

StatusPublished

This text of 93 Misc. 2d 684 (People v. Schuler) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Schuler, 93 Misc. 2d 684, 403 N.Y.S.2d 616, 1977 N.Y. Misc. LEXIS 2668 (N.Y. Ct. App. 1977).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from affirmed.

The People appeal from that portion of an order which granted defendant State of New York’s motion to dismiss the information lodged against it. The defendant is accused of violating section 71-3501 of the Environmental Conservation Law, as well as certain sections of the Zoning Ordinance of [685]*685the Town of Islip and of the Suffolk County Sanitary Code. In our opinion, the contradiction inherent in the State being both prosecutor and prosecuted as well as the doctrine of sovereign immunity preclude the maintenance of this unprecedented proceeding.

Concur: Farley, P. J., Glickman and Gagliardi, JJ.

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OPINION OF THE COURT

Memorandum.

Order insofar as appealed from affirmed.

The People appeal from that portion of an order which granted defendant State of New York’s motion to dismiss the information lodged against it. The defendant is accused of violating section 71-3501 of the Environmental Conservation Law, as well as certain sections of the Zoning Ordinance of [685]*685the Town of Islip and of the Suffolk County Sanitary Code. In our opinion, the contradiction inherent in the State being both prosecutor and prosecuted as well as the doctrine of sovereign immunity preclude the maintenance of this unprecedented proceeding.

Concur: Farley, P. J., Glickman and Gagliardi, JJ.

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Bluebook (online)

93 Misc. 2d 684, 403 N.Y.S.2d 616, 1977 N.Y. Misc. LEXIS 2668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schuler-nyappterm-1977.