People v. Allied Sanitation, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed, defendant’s motion to dismiss granted and the information dismissed.

Defendant refuse container company, whose employee placed a dumpster on an asphalt roadway without first laying protective planking, cannot be charged with a violation of former section 19-122 of the Administrative Code of the City of New York* as that penal statute, which is ambiguous at best, applies on its face to "builders,” not to equipment "owners” such as defendant (see, Administrative Code § 19-122 M [3]).

We conclude that the…