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PEOPLE v. TEXACO, INC

Supreme Court, Appellate Term, Second Department.
Jan 16, 1976

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, ยง 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.