Legal Opinion

People v. Quadrozzi

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

Decided August 19, 2008PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

McCarthy, J.

In this appeal, which arises out of a criminal prosecution for *95alleged violations of article 17 of the Environmental Conservation Law (hereinafter the ECL), the primary issue, which is one of first impression, is whether a local district attorney may, pursuant to ECL 71-0403, initiate such a criminal prosecution without the New York State Department of Environmental Conservation (hereinafter DEC) first authorizing or instituting the criminal prosecution. We conclude that ECL 71-0403 vests a local district attorney with such authority. We further find that the…

2Cases cited28 opinions

  1. People v. JenningsNew York Court of Appeals · 1986
  2. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
  3. People v. BelloNew York Court of Appeals · 1998
  4. People v. DeeganNew York Court of Appeals · 1987
  5. People v. JensenNew York Court of Appeals · 1995

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3Cited by9 opinions

  1. People v. MayAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. MagnettiAppellate Division of the Supreme Court of the State of New York · 2010
  3. MAY, DONALD M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of James JJ.Appellate Division of the Supreme Court of the State of New York · 2022
  5. People v. BurkeAppellate Division of the Supreme Court of the State of New York · 2019

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