People v. Cadbury Beverages, Inc.
Opinion of the Court
—Order unanimously modified on the law and as modified affirmed and matter remitted to Wayne County Court for further proceedings on the indictment. Memorandum: County Court erred when it granted the motions of defendants Robertson, Edwards, Consitt, Ulreich and Munzert to dismiss the indictment on the basis that there was insufficient evidence before the Grand Jury. The indictment against defendant Jeffrey Glahn was properly dismissed. The charges brought against the defendants related to the removal and dumping of certain roofing materials from one of the buildings at the corporate defendant’s plant in Williamson, New York. The roofing materials, which are alleged to have contained asbestos, were removed and dumped without proper asbestos abatement procedures.
On a motion to dismiss the indictment, the inquiry of the reviewing court is limited to the legal sufficiency of the evidence (People v Jennings, 69 NY2d 103). The sufficiency of the People’s presentation is properly determined by inquiring whether the evidence, viewed in the light most favorable to the People, if unexplained and uncontradicted, would warrant conviction by a petit jury (People v Jennings, supra; People v Pelchat, 62 NY2d 97).
Because the indictment was upheld against the corporate defendant and two other individuals, it is apparent that the court’s finding of insufficiency was not related to a failure of
Viewing the evidence, as we must, in the light most favorable to the People (People v Jennings, supra; People v Pelchat, supra), we conclude that the evidence presented to the Grand Jury is legally sufficient to establish that Robertson, Edwards, Consitt, Ulreich and Munzert acted with the requisite culpable mental state to commit the crimes charged in counts one through five of the indictment. There is also sufficient evidence linking them with commission of the crimes charged. We modify the order, therefore, by reinstating counts one through five of the indictment as against those defendants and we remit the matter to County Court for further proceedings on the indictment. (Appeal from Order of Wayne County Court, Parenti, J. — Dismiss Indictment.) Present — Green, J. P., Balio, Fallon, Callahan and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.