FrankGoortani/open-us-law huggingface dataset:
N.Y. PEN Law § 60.02 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.02
Authorized disposition; youthful offender
Status: in_force

§ 60.02 Authorized disposition; youthful offender.\n  When a person is to be sentenced upon a youthful offender finding, the\ncourt must impose a sentence as follows:\n  (1) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a conviction of an offense other than a\nfelony, the court must impose a sentence authorized for the offense for\nwhich the youthful offender finding was substituted, except that if the\nyouthful offender finding was entered pursuant to paragraph (b) of\nsubdivision one of section 720.20 of the criminal procedure law, the\ncourt must not impose a definite or intermittent sentence of\nimprisonment with a term of more than six months; or\n  (2) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a conviction for any felony, the court\nmust impose a sentence authorized to be imposed upon a person convicted\nof a class E felony provided, however, that the court must not impose a\nsentence of conditional discharge or unconditional discharge if the\nyouthful offender finding was substituted for a conviction of a felony\ndefined in article two hundred twenty of this chapter.\n  (4) Notwithstanding any other provision of law in this section, if the\nsentence is to be imposed upon a youthful offender finding which has\nbeen substituted for a conviction of prostitution or loitering for the\npurposes of prostitution provided that the person does not stand charged\nwith loitering for the purpose of patronizing a prostitute, and such\noffense occurred when the person was sixteen or seventeen years of age,\nthe court must impose a sentence authorized to be imposed upon a person\nconvicted of a violation as defined in subdivision three of section\n10.00 of the penal law and where the court imposes a revocable sentence\nauthorized for a violation may order any of the specialized services\nenumerated in title eight-A of article six of the social services law or\nother appropriate services made available to persons in need of\nsupervision in accordance with article seven of the family court act.\n
N.Y. CVP Law § 3012-B — New York Code / Act CVP / Article 30 / Section 3012-B
Certificate of merit in certain residential foreclosure actions
Status: in_force

§ 3012-b. Certificate of merit in certain residential foreclosure\nactions. (a) In any residential foreclosure action involving a home\nloan, as such term is defined in section thirteen hundred four of the\nreal property actions and proceedings law, in which the defendant is a\nresident of the property which is subject to foreclosure, the complaint\nshall be accompanied by a certificate, signed by the attorney for the\nplaintiff, certifying that the attorney has reviewed the facts of the\ncase and that, based on consultation with representatives of the\nplaintiff identified in the certificate and the attorney's review of\npertinent documents, including the mortgage, security agreement and note\nor bond underlying the mortgage executed by defendant and all\ninstruments of assignment, if any, and any other instrument of\nindebtedness including any modification, extension, and consolidation,\nto the best of such attorney's knowledge, information and belief there\nis a reasonable basis for the commencement of such action and that the\nplaintiff is currently the creditor entitled to enforce rights under\nsuch documents. If not attached to the summons and complaint in the\naction, a copy of the mortgage, security agreement and note or bond\nunderlying the mortgage executed by defendant and all instruments of\nassignment, if any, and any other instrument of indebtedness including\nany modification, extension, and consolidation shall be attached to the\ncertificate.\n  (b) Where a certificate is required pursuant to this section, a single\ncertificate shall be filed for each action even if more than one\ndefendant has been named in the complaint or is subsequently named.\n  (c) Where the documents required under subdivision (a) are not\nattached to the summons and complaint or to the certificate, the\nattorney for the plaintiff shall attach to the certificate supplemental\naffidavits by such attorney or representative of plaintiff attesting\nthat such documents are lost whether by destruction, theft or otherwise.\nNothing herein shall replace or abrogate plaintiff's obligations as set\nforth in the New York uniform commercial code.\n  (d) The provisions of subdivision (d) of rule 3015 of this article\nshall not be applicable to a defendant who is not represented by an\nattorney.\n  (e) If a plaintiff willfully fails to provide copies of the papers and\ndocuments as required by subdivision (a) of this section and the court\nfinds, upon the motion of any party or on its own motion on notice to\nthe parties, that such papers and documents ought to have been provided,\nthe court may dismiss the complaint or make such final or conditional\norder with regard to such failure as is just including but not limited\nto denial of the accrual of any interest, costs, attorneys' fees and\nother fees, relating to the underlying mortgage debt. Any such dismissal\nshall be without prejudice and shall not be on the merits.\n
N.Y. LLC Law § 407 — New York Code / Act LLC / Article 4 / Section 407
Action by members without a meeting
Status: in_force

§ 407. Action by members without a meeting. (a) Whenever under this\nchapter members of a limited liability company are required or permitted\nto take any action by vote, except as provided in the operating\nagreement, such action may be taken without a meeting, without prior\nnotice and without a vote, if a consent or consents in writing, setting\nforth the action so taken shall be signed by the members who hold the\nvoting interests having not less than the minimum number of votes that\nwould be necessary to authorize or take such action at a meeting at\nwhich all of the members entitled to vote therein were present and voted\nand shall be delivered to the office of the limited liability company,\nits principal place of business or a manager, employee or agent of the\nlimited liability company having custody of the records of the limited\nliability company. Delivery made to the office of the limited liability\ncompany shall be by hand or by certified or registered mail, return\nreceipt requested.\n  (b) Every written consent shall bear the date of signature of each\nmember who signs the consent, and, except as provided in the operating\nagreement, no written consent shall be effective to take the action\nreferred to therein unless, within sixty days of the earliest dated\nconsent delivered in the manner required by this section to the limited\nliability company, written consents signed by a sufficient number of\nmembers to take the action are delivered to the office of the limited\nliability company, its principal place of business or a manager,\nemployee or agent of the limited liability company having custody of the\nrecords of the limited liability company. Delivery made to such office,\nprincipal place of business or manager, employee or agent shall be by\nhand or by certified or registered mail, return receipt requested.\n  (c) Prompt notice of the taking of the action without a meeting by\nless than unanimous written consent shall be given to those members who\nhave not consented in writing but who would have been entitled to vote\nthereon had such action been taken at a meeting. In the event that the\naction that is consented to is such as would have required the filing of\narticles or a certificate under any other section of this chapter, if\nsuch action had been voted on by members at a meeting thereof, such\narticles or certificate filed under such other section shall state, in\nlieu of any statement required by such section concerning any vote of\nmembers, that written consent has been given in accordance with this\nsection and that written notice has been given as provided in this\nsection.\n
N.Y. CPL Law § 200.62 — New York Code / Act CPL / Part 2 / Title I / Article 200 / Section 200.62
Indictment; special information for child sexual assault offender
Status: in_force

§ 200.62 Indictment; special information for child sexual assault\n           offender.\n  1. Whenever a person is charged with the commission or attempted\ncommission of an offense defined in article one hundred thirty of the\npenal law which constitutes a felony and it appears that the victim of\nsuch offense was less than fifteen years old, an indictment for such\noffense may be accompanied by a special information, filed by the\ndistrict attorney with the court, alleging that the victim was less than\nfifteen years old at the time of the commission of the offense;\nprovided, however, that such an information need not be filed when the\nage of the victim is an element of the offense.\n  2. Prior to trial, or after the commencement of the trial but before\nthe close of the people's case, the court, in the absence of the jury,\nmust arraign the defendant upon such information and advise him or her\nthat he or she may admit such allegation, deny it or remain mute.\nDepending upon the defendant's response, the trial of the indictment\nmust proceed as follows:\n  (a) If the defendant admits that the alleged victim was less than\nfifteen years old at the time of the commission or attempted commission\nof the offense, that allegation shall be deemed established for all\nsubsequent purposes, including sentencing pursuant to section 70.07 of\nthe penal law.\n  (b) If the defendant denies such allegation or remains mute, the\npeople may, by proof beyond a reasonable doubt, prove before the jury\nor, where the defendant has waived a jury trial, the court, that the\nalleged victim was less than fifteen years old at the time of the\ncommission or attempted commission of the offense.\n  (c) Nothing in this subdivision shall prevent the people, in a trial\nbefore the court or a jury, from making reference to and introducing\nevidence of the victim's age.\n  3. Where a jury, pursuant to paragraph (b) of subdivision two of this\nsection, makes the determination of whether the alleged victim of the\noffense was less than fifteen years old, such jury shall consider and\nrender its verdict on such issue only after rendering its verdict with\nregard to the offense.\n  4. A determination pursuant to this section that the victim was less\nthan fifteen years old at the time of the commission of the offense\nshall be binding in any future proceeding in which the issue may arise\nunless the underlying conviction or determination is vacated or\nreversed.\n
N.Y. PEN Law § 140.05 — New York Code / Act PEN / Part 3 / Title I / Article 140 / Section 140.05
Trespass
Status: in_force

§ 140.05. Trespass.\n  A person is guilty of trespass when he knowingly enters or remains\nunlawfully in or upon premises.\n  Trespass is a violation.\n
N.Y. MIL Law § 11 — New York Code / Act MIL / Article 1 / Section 11
Adjutant general
Status: in_force

§ 11. Adjutant general.  The adjutant general shall serve as such at\nthe pleasure of the governor and, under his direction, shall exercise\ncontrol over the division of military and naval affairs of the executive\ndepartment of the state.  The adjutant general may perform any act\nauthorized by this chapter or the regulations issued pursuant to this\nchapter through or with the aid of such officers, officials or bureaus\nof the division of military and naval affairs as he may designate.  It\nshall be the duty of the adjutant general to direct the planning and\nemployment of the forces of the organized militia in carrying out their\nstate military mission; to establish unified command of state forces\nwhenever they shall be jointly engaged; to act as the state director of\ncivil defense for the state; to submit an annual written report to the\ngovernor in such form as the governor may prescribe; and to perform such\nother duties as the governor may direct. The adjutant general may\nappoint such assistant adjutants general as may be necessary. Whenever\nthe governor and those who would act in succession to the governor under\nthe constitution and laws of the state shall be unable to perform the\nduties of commander-in-chief, the adjutant general shall command the\nmilitia.\n
N.Y. GMU Law § 207-O*2 — New York Code / Act GMU / Article 10 / Section 207-O*2
Disabilities of members of the uniformed force of correction departments in certain cities
Status: in_force

* § 207-o. Disabilities of members of the uniformed force of\ncorrection departments in certain cities. 1. Notwithstanding the\nprovisions of any general, special or local law or administrative code\nto the contrary, but except for the purposes of the workers'\ncompensation law and the labor law, any condition of impairment of\nhealth caused by diseases of the heart, resulting in total or partial\ndisability or death to a paid member of the uniformed force of a paid\ncorrection department, where such paid member is drawn from competitive\ncivil service lists, who successfully passed a physical examination on\nentry into the service of such department, which examination failed to\nreveal any evidence of such condition, shall be presumptive evidence\nthat it was incurred in the performance and discharge of duty, unless\nthe contrary be proved by competent evidence.\n  2. The provisions of this section shall remain in full force and\neffect to and including the thirtieth day of June, nineteen hundred\nninety-nine at which time the provisions of this section shall be deemed\nto be repealed.\n  * NB Expired July 1, 1995 per subdivision 2; see retirement and social\nsecurity law § 480 for expiration\n  * NB There are 2 § 207-o's\n
N.Y. RPT Law § 2000 — New York Code / Act RPT / Article 20 / Section 2000
Severability
Status: in_force

§ 2000.  Severability.  If any clause, sentence, paragraph, section or\npart of this chapter shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. CRC Law § 89 — New York Code / Act CRC / Article 6 / Section 89
Reports of others acting as magistrates
Status: in_force

§ 89. Reports of others acting as magistrates.  Whenever any person,\nother than a judge of the court, shall act as a magistrate within the\ncity, it shall be his duty to cause a record thereof to be kept which\nshall contain such information as is required by rule or order of court;\nand, on or before the twentieth day of January in each year, to make a\nreturn of such information to the chief clerk of the court.\n
N.Y. CVR Law § 50-C — New York Code / Act CVR / Article 5 / Section 50-C
Private right of action
Status: in_force

§ 50-c. Private right of action. If the identity of the victim of an\noffense defined in subdivision one of section fifty-b of this article is\ndisclosed in violation of such section, any person injured by such\ndisclosure may bring an action to recover damages suffered by reason of\nsuch wrongful disclosure. In any action brought under this section, the\ncourt may award reasonable attorney's fees to a prevailing plaintiff.\n
N.Y. MIL Law § 130.38 — New York Code / Act MIL / Article 7 / Part 7 / Section 130.38
Duties of trial counsel and defense counsel
Status: in_force

§ 130.38. Duties of trial counsel and defense counsel.  (a) The trial\ncounsel of a general or special court-martial shall prosecute in the\nname of the state, and shall, under the direction of the court, prepare\nthe record of the proceedings.\n  (b) The accused shall have the right to be represented in his defense\nbefore a general or special court-martial by civilian counsel if\nprovided by him, or by military counsel of his own selection if\nreasonably available, or by the defense counsel duly appointed pursuant\nto section 130.27. Should the accused have counsel of his own selection,\nthe duly appointed defense counsel, and assistant defense counsel, if\nany, shall, if the accused so desires, act as his associate counsel;\notherwise they shall be excused by the military judge or by the\npresident of a court-martial without a military judge.\n  (c) In every court-martial proceeding, the defense counsel may, in the\nevent of conviction, forward for attachment to the record of proceedings\na brief of such matters as he feels should be considered in behalf of\nthe accused on review, including any objection to the contents of the\nrecord which he may deem appropriate.\n  (d) An assistant trial counsel of a general court-martial may, under\nthe direction of the trial counsel or when he is qualified to be a trial\ncounsel as required by section 130.27, perform any duty imposed by law,\nregulation, or the custom of the service upon the trial counsel of the\ncourt. An assistant trial counsel of a special court-martial may perform\nany duty of the trial counsel.\n  (e) An assistant defense counsel of a general or special court-martial\nmay, under the direction of the defense counsel or when he is qualified\nto be the defense counsel as required by section 130.27, perform any\nduty imposed by law, regulation, or the custom of the service upon\ncounsel for the accused.\n
N.Y. PML Law § 1101 — New York Code / Act PML / Article 11 / Section 1101
Purposes
Status: in_force

§ 1101. Purposes. The purposes of this compact are:\n  a. to derive uniform requirements among the party states for the\nlicensure of participants in live horse racing with pari-mutuel\nwagering, and to ensure that all licensees pursuant to this compact meet\na uniform minimum standard of honesty and integrity;\n  b. to facilitate the growth of the horse racing industry by\nsimplifying the process for qualified applicants for a license to\nparticipate in live racing, and to reduce the cost incurred by each\nstate and applicant from the separate licensing process conducted by\neach state that conducts live horse racing;\n  c. to authorize the commission to participate in this compact;\n  d. to permit officials from the party states to participate in this\ncompact and, through the compact committee established by this compact,\nto enter into contracts with governmental agencies and other persons to\ncarry out the purposes of this compact; and\n  e. to establish the compact committee created by this compact as an\ninterstate governmental entity duly authorized to request and to receive\ncriminal history record information from the federal bureau of\ninvestigation and from state, local, and foreign law enforcement\nagencies.\n
N.Y. LAB Law § 654 — New York Code / Act LAB / Article 19 / Section 654
Basis of changes in minimum wage
Status: in_force

§ 654. Basis of changes in minimum wage.  In establishing minimum\nwages and regulations for any occupation or occupations pursuant to the\nprovisions of the following sections of this article, the wage board and\nthe commissioner shall consider the amount sufficient to provide\nadequate maintenance and to protect health and, in addition, the wage\nboard and the commissioner shall consider the value of the work or\nclassification of work performed, and the wages paid in the state for\nwork of like or comparable character.\n
N.Y. PBG Law § 639 — New York Code / Act PBG / Article 15 / Section 639
Legal investment and deposit
Status: in_force

§ 639. Legal investment and deposit. The bonds, notes or other\nobligations of the trust are hereby made securities in which all public\nofficers and bodies of the state and all public corporations,\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, conservators, guardians, executors, trustees and\nother fiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or in other obligations of\nthe state, may properly and legally invest funds, including capital, in\ntheir control or belonging to them. The bonds, notes or other\nobligations are also hereby made securities which may be deposited with\nand may be received by all public officers and bodies of the state and\nall municipalities and public corporations for any purpose for which the\ndeposit of bonds, notes or other obligations of the state is now or may\nhereafter be authorized.\n
N.Y. CPL Law § 50.20 — New York Code / Act CPL / Part 1 / Title C / Article 50 / Section 50.20
Compulsion of evidence by offer of immunity
Status: in_force

§ 50.20  Compulsion of evidence by offer of immunity.\n  1.  Any witness in a legal proceeding, other than a grand jury\nproceeding, may refuse to give evidence requested of him on the ground\nthat it may tend to incriminate him and he may not, except as provided\nin subdivision two, be compelled to give such evidence.\n  2.  Such a witness may be compelled to give evidence in such a\nproceeding notwithstanding an assertion of his privilege against\nself-incrimination if:\n  (a)  The proceeding is one in which, by express provision of statute,\na person conducting or connected therewith is declared a competent\nauthority to confer immunity upon witnesses therein; and\n  (b)  Such competent authority (i) orders such witness to give the\nrequested evidence notwithstanding his assertion of his privilege\nagainst self-incrimination, and (ii) advises him that upon so doing he\nwill receive immunity.\n  3.  A witness who is ordered to give evidence pursuant to subdivision\ntwo and who complies with such order receives immunity.  Such witness is\nnot deprived of such immunity because such competent authority did not\ncomply with statutory provisions requiring notice to a specified public\nservant of intention to confer immunity.\n  4.   A witness who, without asserting his privilege against\nself-incrimination, gives evidence in a legal proceeding other than a\ngrand jury proceeding does not receive immunity.\n  5.  The rules governing the circumstances in which witnesses may be\ncompelled to give evidence and in which they receive immunity therefor\nin a grand jury proceeding are prescribed in section 190.40.\n
N.Y. CVS Law § 202 — New York Code / Act CVS / Article 14 / Section 202
Right of organization
Status: in_force

§ 202. Right of organization.  Public employees shall have the right\nto form, join and participate in, or to refrain from forming, joining,\nor participating in, any employee organization of their own choosing.\n