People v. Duff

Defendants, cited for violation of ECL 13-0309 (subd 8), have moved to dismiss the information, claiming that they have been charged improperly.

ECL 13-0309 (subd 8) reads as follows: "The operation, use or placing, for whatever purpose, of dredges, rakes, tongs or other devices for the taking of shellfish in uncertified areas * * * is prohibited.”

In open court the defendants admitted clamming in a closed area by the use of their feet but contended that human feet are not the type of device contemplated by the cited section. The court agrees.

*656It is clear - that the gravamen of the charge…