People v. Allied Sanitation, Inc.

OPINION OF THE COURT

Memorandum.

Judgment of conviction affirmed.

The People established that defendant’s driver deposited a rubbish container (dumpster) owned by defendant on asphalt pavement at a construction site without placing it on the protective planking required by Administrative Code of the City of New York § 19-122. The question presented is whether only a "builder” can be held criminally liable by the terms of that statute as contended by defendant or whether the language is broad enough to encompass an "owner.” The court denied the defendant’s motion to dismiss made on this ground…