People v. Great Atlantic & Pacific Tea Co., 34 N.Y.2d 345 (1974)
When a corporation violates the Agriculture and Markets Law, and that law does not specify a special corporate fine, the sentencing court may impose a fine according to the Penal Law for unclassified misdemeanors.
Summary
Great Atlantic & Pacific Tea Co. (A&P) was convicted of violating the Agriculture and Markets Law for inaccurately weighing packaged meat and fish. The trial court fined A&P $1,000 under the Penal Law. A&P appealed, arguing that the fine should have been limited to $200 under the Agriculture and Markets Law. The New York Court of Appeals affirmed the lower court’s decision, holding that because the Agriculture and Markets Law doesn’t specify a special corporate fine, the Penal Law’s provisions for unclassified misdemeanors apply, allowing for a higher fine.
Facts
A&P was found to have inaccurately weighed packaged meat and fish products in its Eastchester, New York store, violating subdivision 4 of section 193 of the Agriculture and Markets Law.
Procedural History
The Court of Special Sessions convicted A&P and imposed a $1,000 fine. The Appellate Term upheld the imposition of the fine. A&P appealed to the New York Court of Appeals.
Issue(s)
Whether a corporate defendant convicted of violating the Agriculture and Markets Law can be fined according to the Penal Law, or whether the penalty is governed by the Agriculture and Markets Law.
Holding
Yes, because the Agriculture and Markets Law does not specify a special corporate fine, the applicable penalty is determined by the Penal Law.
Court’s Reasoning
The court relied on the interplay between Section 41 of the Agriculture and Markets Law and Section 80.10 of the Penal Law. Section 41 of the Agriculture and Markets Law states that a violator is guilty of a misdemeanor and subject to a fine, “[e]xcept as otherwise provided by the penal law.” The court emphasized that Section 80.10 of the Penal Law addresses corporate fines, stating that when a corporation commits an offense defined outside the Penal Law “for which no special corporate fine is specified,” the court can impose a fine up to $5,000 for a Class A or unclassified misdemeanor.
The court reasoned that even if “person” in Section 41 of the Agriculture and Markets Law includes corporations, Section 80.10(1) of the Penal Law still controls because the Agriculture and Markets Law lacks a special corporate fine provision. The court distinguished People v. Fisher-Beer Co., noting that it was decided before the enactment of Section 80.10 of the Penal Law, which now provides a definite penalty for corporate violations when the violated statute doesn’t specify one.
The court stated that, with the enactment of section 80.10 of the Penal Law, “the Legislature enunciated a definite penalty for corporate violations when the statute that has been violated does not specify a special corporate fine.” Therefore, the Court of Special Sessions was authorized to sentence A&P to a fine not exceeding $5,000.