People v. Texaco, Inc.

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEXACO, INC., Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Jan 16, 1976

87 Misc. 2d 255 (N.Y. App. Term 1976)

383 N.Y.S.2d 788

Opinion

January 16, 1976

Appeal from the District Court of Nassau County, First District, HENRY J. KALINOWSKI, J.

Gehrig, Ritter, Coffey, McHale McBride (John F. Coffey of counsel), for appellant.

Denis Dillon, District Attorney (Martin I. Saperstein and Andrew C. Morganstern of counsel), for respondent.

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 U.S. 590).

Concur: GLICKMAN, P.J., PITTONI and GAGLIARDI, JJ.