People v. Grucci

OPINION OF THE COURT

Emily Pines, J.

Ordered that the branch of defendant’s motion seeking to dismiss pursuant to GPL 170.30 and 170.35 is granted for the reasons set forth below. The remainder of the motion is denied as academic.

Defendant herein, Joseph J. Grucci, has been charged with violating Environmental Conservation Law § 13-0311 (7). That statutory subdivision states that, “No person shall take shell*585fish in any quantity during the time that such person’s digger’s permit privileges have been revoked or suspended.” The factual portion of the accusatory instrument filed in this matter…