People v. Kelley

CourtNew York Town Court
Writing for the CourtSTEVEN E. MALONE
Citation152 Misc.2d 178,575 N.Y.S.2d 640
PartiesPEOPLE of the State of New York, v. Timothy J. KELLEY and Vincent B. Brock, Sr., Defendants.
Decision Date17 September 1991

Page 640

575 N.Y.S.2d 640
152 Misc.2d 178
PEOPLE of the State of New York,
Timothy J. KELLEY and Vincent B. Brock, Sr., Defendants.
Local Criminal Court, Town of Mendon,
Monroe County.
Sept. 17, 1991.

Howard R. Relin, Monroe County Dist. Atty., John A. Falk, Asst. Dist. Atty., for the People.

Alan J. Knauf & Associates, P.C. (Robert L. Beck, of counsel) for Timothy J. Kelley.

STEVEN E. MALONE, Judge Presiding.

The within matters, originally commenced in the Village of [152 Misc.2d 179] Honeoye Falls Justice Court were transferred to the Mendon Town Court as the Court of proper jurisdiction. No jurisdictional issues have been raised.

The Defendants in this case have been charged by Informations issued from the New York State Department of Environmental Conservation which said Informations alleged violations of Title 6 New York Code of Rules and Regulations §§ 364.2(a)(1) and 364.2(a)(2). The Informations allege that the Defendants transported a "regulated waste" without a valid permit. The regulated waste allegedly transported was in the form of old motor vehicle tires.

By Notice of Motion dated July 16, 1991, Defendant Kelley moves, by his attorneys, for various forms of relief as well as for an Order dismissing the Informations on the ground that waste tires were not a regulated waste at the time and date of the occurrence.

The People of the State of New York, by Cross-Motion dated August 12, 1991 seek, among other things, an Order allowing the People to amend the accusatory instruments to allege a violation of Environmental Conservation Law (ECL) § 27-0305. (The People's papers erroneously cite § 27-0303). The Court grants that portion of the People's Cross-Motion seeking an amendment of the filed Information in accordance with Criminal Procedure Law § 100.45(3) and the charge now pending before this Court is the alleged violation of ECL § 27-0305(1).

Squarely before this Court now is the issue of whether waste tires were a "regulated waste" as of February 19, 1991, the date of the alleged violation. The determination of this issue requires an analysis of ECL § 27-0303, subdivisions 4 and 12, ECL § 27-0305, subdivisions 1 and 4 and the Rules and Regulations promulgated thereunder as are contained in 6 NYCRR, Part 364.

The Court's analysis starts with the underlying premise that environmental issues

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are almost always complex and the statutes, rules and regulations designed to control and monitor these important issues...

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