Opinion
December 14, 1992
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is reversed, on the law, the indictment is dismissed as to the defendant Pak Glass Machinery Corporation, and a new trial is ordered as to the defendant Pymm Thermometer Corporation. The facts with respect to Pymm Thermometer Corporation have been considered and are determined to be established.
Although the codefendants William and Edward Pymm were officers of the defendant Pak Glass Machinery Corporation (hereinafter Pak Glass), the evidence did not establish beyond a reasonable doubt that their criminal acts were done on behalf of Pak Glass (see, Penal Law § 20.20 [b]; [2] [b]). The verdict against Pak Glass, therefore, was against the weight of the evidence. Accordingly, the judgment against Pak Glass must be reversed, and the indictment against it must be dismissed (see, CPL 470.20).
Contrary to the argument of the defendant Pymm Thermometer Corporation (hereinafter Pymm), we are satisfied, upon the exercise of our factual review power, that the verdict against it was not against the weight of the evidence (see, CPL 470.15; People v Althorne, 155 A.D.2d 604).
Nevertheless, Pymm is entitled to a new trial on the ground that a verdict sheet was submitted to the jury, over defense objection, containing portions of the indictment. This constitutes reversible error (see, CPL 310.30; People v Sotomayer, 79 N.Y.2d 1029; People v Nimmons, 72 N.Y.2d 830).
Finally, we reject Pymm's argument that any prosecution of it abated upon its dissolution, in view of New York's strong public policy in favor of maintaining corporate liability beyond dissolution (see, Business Corporation Law § 1006; United States v Stone, 452 F.2d 42, 47 [8th Cir]; United States v Brakes, Inc., 157 F. Supp. 916, 919-920 [SD NY]; United States v Cigarette Merchandisers Assn., 136 F. Supp. 214, 216-218 [SD NY]; see also, In re Jury Subpoenas Issued to Thirteen Corps., 775 F.2d 43 [2d Cir]; see generally, Melrose Distillers v United States, 359 U.S. 271 [Del. Md. law with similar language]). Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.