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People v. Visser

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1009 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Cattaraugus County Court, Kelly, J.

Present — Denman, P.J., Green, Balio, Callahan and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the definition of "hazardous waste" in the Environmental Conservation Law (ECL 27-0901; 71-2702 [1]) is unconstitutionally vague. Those statutes defining "hazardous waste" are sufficiently definite to give a person of ordinary intelligence fair notice of what is prohibited by law and provide explicit standards for those who apply the statutes to avoid arbitrary and discriminatory application (see, People v Nelson, 69 N.Y.2d 302, 307).

County Court properly permitted an investigator employed by the New York State Department of Environmental Conservation to give expert testimony that the material in question was a "hazardous waste" for which certain permits were required. The qualification of a witness to testify as an expert rests in the discretion of the court, and its determination will not be disturbed in the absence of serious mistake, an error of law or an abuse of discretion (Werner v. Sun Oil Co., 65 N.Y.2d 839, 840).


Summaries of

People v. Visser

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1009 (N.Y. App. Div. 1995)
Case details for

People v. Visser

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN VISSER, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 3, 1995

Citations

212 A.D.2d 1009 (N.Y. App. Div. 1995)
622 N.Y.S.2d 393

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