Legal Opinion

People v. M&H Used Auto Parts & Cars, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided August 8, 2005PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

In this appeal, arising out of a criminal prosecution for, inter alia, violations of Environmental Conservation Law § 17-0701 (1) (a) and § 71-1933 (4) (a) (i), the primary issue presented, which is one of first impression, is whether the People must prove the culpable mental state “knowingly,” as defined under Penal Law § 15.05 (2), with regard to each and every element of those offenses. We conclude that “knowingly” applies to each and every element thereof. We find that the evidence was legally and factually sufficient to establish, beyond a reasonable doubt,…

2Cases cited17 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. . GaimariNew York Court of Appeals · 1903
  4. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  5. Staples v. United StatesSupreme Court of the United States · 1994

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Pro Home Builders, Inc. v. GreenfieldAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. QuadrozziAppellate Division of the Supreme Court of the State of New York · 2008
  3. State Division of Human Rights v. BerlerAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. Grimditch, New York County Courts2012
  5. People v. QuadrozziNew York Supreme Court · 2006

5 more not listed; retrieve them via the Exa API.

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