People v. Texaco, Inc.

Appellate Terms of the Supreme Court of New York

People v. Texaco, Inc.

87 Misc. 2d 255, 383 N.Y.S.2d 788, 1976 N.Y. Misc. LEXIS 2194

Appellate Terms of the Supreme Court of New York·Decided January 16, 1976·Published·Cited by 2 cases

Opinion

Memorandum.

Judgment of conviction affirmed. On this prosecution of defendant for violating article III, section 3.4 (subd [d], par IV) of the Nassau County Fire Prevention Ordinance (spill containment protection), defendant’s guilt has been proved beyond a reasonable doubt. Moreover, it is our opinion that the County of Nassau is authorized to regulate the tidewaters bordering on and lying within its boundaries (see Navigation Law, § 2, subd 4; People v Wechsler, 79 Misc 2d 103), and defendant has failed to establish that the ordinance in question is unreasonable (Goldblatt v Hempstead, 369 US 590).

[256] Concur: Glickman, P. J., Pittoni and Gagliardi, JJ.

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Memorandum.

Judgment of conviction affirmed. On this prosecution of defendant for violating article III, section 3.4 (subd [d], par IV) of the Nassau County Fire Prevention Ordinance (spill containment protection), defendant’s guilt has been proved beyond a reasonable doubt. Moreover, it is our opinion that the County of Nassau is authorized to regulate the tidewaters bordering on and lying within its boundaries (see Navigation Law, § 2, subd 4; People v Wechsler, 79 Misc 2d 103), and defendant has failed to establish that the ordinance in question is unreasonable (Goldblatt v Hempstead, 369 US 590).

[256] Concur: Glickman, P. J., Pittoni and Gagliardi, JJ.

People v. Texaco, Inc., 87 Misc. 2d 255, 383 N.Y.S.2d 788, 1976 N.Y. Misc. LEXIS 2194 (N.Y. Ct. App. 1976).

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Opinion

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