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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEXACO, INC., Appellant

MEMORANDUM.

Judgment of conviction affirmed. On this prosecution of defendant for violating article III, section 3.4 (subd [d], par IV) of the Nassau County Fire Prevention Ordinance (spill containment protection), defendant's guilt has been proved beyond a reasonable doubt. Moreover, it is our opinion that the County of Nassau is authorized to regulate the tidewaters bordering on and lying within its boundaries (see Navigation Law, § 2, subd 4; People v Wechsler, 79 Misc.2d 103), and defendant has failed to establish that the ordinance in question is unreasonable (Goldblatt v Hempstead, 369 U.S. 590).

Concur: GLICKMAN, P.J., PITTONI and GAGLIARDI, JJ.

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PEOPLE v. TEXACO, INC
(Jan 16, 1976)