(DOWNLOAD) "People State New York v. New York Trap Rock Corp." by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. New York Trap Rock Corp.
- Author : Court of Appeals of New York
- Release Date : January 16, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In a misdemeanor prosecution tried without a jury in Justice Court, the defendant, New York Trap Rock Corporation, which operates a quarry in the Town of Poughkeepsie, has been found guilty and given a maximum fine of $100 for violating the towns Unnecessary Noise Control Ordinance, a local law which, the Town Attorney tells us, was fashioned along guidelines provided by the States Department of Environmental Conservation. The Appellate Term having affirmed without further opinion, the case is now here by leave of a Judge of this court pursuant to CPL 460.20. On this appeal, the defendant presses, in the main, two questions: Is the ordinance pre-emptive of or inconsistent with State law? If not, does the ordinance offend the constitutional void-for-vagueness doctrine of due process? In the alternative, by way of trial error the defendant argues that, in effect, the Judge placed the burden of proof on the defendant instead of on the People.
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