FrankGoortani/open-us-law huggingface dataset:
N.Y. CPL Law § 300.50 — New York Code / Act CPL / Part 2 / Title J / Article 300 / Section 300.50
Court's charge; submission of lesser included offenses
Status: in_force

§ 300.50 Court's charge; submission of lesser included offenses.\n  1. In submitting a count of an indictment to the jury, the court in\nits discretion may, in addition to submitting the greatest offense which\nit is required to submit, submit in the alternative any lesser included\noffense if there is a reasonable view of the evidence which would\nsupport a finding that the defendant committed such lesser offense but\ndid not commit the greater. If there is no reasonable view of the\nevidence which would support such a finding, the court may not submit\nsuch lesser offense. Any error respecting such submission, however, is\nwaived by the defendant unless he objects thereto before the jury\nretires to deliberate.\n  2. If the court is authorized by subdivision one to submit a lesser\nincluded offense and is requested by either party to do so, it must do\nso. In the absence of such a request, the court's failure to submit such\noffense does not constitute error.\n  3. The principles prescribed in subdivisions one and two apply equally\nwhere the lesser included offense is specifically charged in another\ncount of the indictment.\n  4. Whenever the court submits two or more offenses in the alternative\npursuant to this section, it must instruct the jury that it may render a\nverdict of guilty with respect to any one of such offenses, depending\nupon its findings of fact, but that it may not render a verdict of\nguilty with respect to more than one. A verdict of guilty of any such\noffense is not deemed an acquittal of any lesser offense submitted, but\nis deemed an acquittal of every greater offense submitted.\n  5. Where the indictment charges a crime committed by the defendant\nwhile he was under the age of sixteen but a lesser included offense\nwould be one for which the defendant is not criminally responsible by\nreason of infancy, such lessor included offense may nevertheless be\nsubmitted to the jury in the same manner as an offense for which the\ndefendant would be criminally responsible notwithstanding the fact that\na verdict of guilty would not result in a criminal conviction.\n  6. For purposes of this section, the offenses of rape in the third\ndegree as defined in the former subdivision three or subdivisions seven,\neight and nine of section 130.25 of the penal law and a crime formerly\ndefined in subdivision three of section 130.40 of the penal law, are not\nlesser included offenses of rape in the first degree, a crime formerly\ndefined in section 130.50 of the penal law, or any other offense.\nNotwithstanding the foregoing, any such offense may be submitted as a\nlesser included offense of the applicable first degree offense when (i)\nthere is a reasonable view of the evidence which would support a finding\nthat the defendant committed such lesser offense but did not commit the\ngreater offense, and (ii) both parties consent to its submission.\n
N.Y. AGM Law § 202-A — New York Code / Act AGM / Article 17 / Section 202-A
False advertising
Status: in_force

§ 202-a. False advertising.  1. An advertisement concerning a food or\nfood product shall not be false or misleading in any particular.\n  2. No publisher, radio-broadcast licensee, advertising agency, or\nagency or medium for the dissemination of an advertisement, except the\nmanufacturer, packer, distributor, or seller of the article to which the\nadvertisement relates, shall be subject to the penalties provided by\nthis chapter by reason of his dissemination of any false advertisement,\nunless he has refused on the request of the commissioner to furnish the\nname and address of the manufacturer, packer, distributor, seller, or\nadvertising agency in the United States, who caused him to disseminate\nsuch false advertisement.\n  3. Whenever it appears to the satisfaction of the court in the case of\na newspaper, magazine, periodical, or other publication, published at\nregular intervals (a) that restraining the dissemination of a false\nadvertisement in any particular issue of such publication would delay\nthe delivery of such issue after the regular time therefor, and (b) that\nsuch delay would be due to the methods by which the manufacture and\ndistribution of such publication is customarily conducted by the\npublisher in accordance with sound business practice, and not to any\nmethod or device adopted for evasion of this section or to prevent or\ndelay the issuance of an injunction or restraining order with respect to\nsuch false advertisement or any other advertisement, the commissioner\nshall exclude such issue from the operation of the restraining order or\ninjunction.\n
N.Y. MHR Law § 52 — New York Code / Act MHR / Article 6 / Section 52
Judicial notice
Status: in_force

§ 52. Judicial notice. Courts shall take judicial notice of all local\nlaws and of rules and regulations adopted pursuant thereto.\n
N.Y. ABP Law § 208 — New York Code / Act ABP / Article 2 / Section 208
Release
Status: in_force

§ 208. Release. 1. The commissioner shall make his determination and\nenter an order accordingly. The commissioner may agreeably to the best\ninterest of the state and in his discretion, if he deems it just to all\npersons interested, execute in the name of the state, a release on such\nterms and conditions as the commissioner deems just, releasing to such\nperson or persons as he shall have determined entitled thereto the\ninterest of the state in such real property so sought to be released.\n  2. A conveyance so made to any such person who is a parent, child,\nsurviving husband or widow of any such owner of any interest therein\nimmediately prior to the escheat, or the heirs-at-law of any such\nsurviving husband or widow, or the alleged grantee or any person or of\nany association or body, whether incorporated or not, who or which would\nhave succeeded by devise or otherwise to the title of such person but\nfor a legal incapacity to take or convey the property so escheated shall\nbe without consideration, if the value, at the date of the petition, as\ndetermined by the commissioner, of all property of any such owner\nescheated to the state and not conveyed or released by the state, shall\nnot exceed one hundred thousand dollars, and of the property sought to\nbe released shall not exceed ten thousand dollars, except that any and\nall expenses incurred by the state in an action to recover the property\nescheated or in any action pertaining thereto, or otherwise relating to\nthe escheated property shall be paid by such person. Where however, the\nvalue of the property sought to be released shall exceed the sum of ten\nthousand dollars the commissioner may release the same to such person\nupon the payment of the appraised value in excess of ten thousand\ndollars and in addition thereto the expenses incurred by the state in an\naction to recover the property as aforementioned.\n  3. The release shall contain a brief recital of the determinations\nrequired to be made by the commissioner on the hearing of the petition,\nremonstrance or remonstrances, and of all the terms and conditions on\nwhich the release is made.\n
N.Y. VIL Law § 10-1018 — New York Code / Act VIL / Article 10 / Section 10-1018
Duties of chief and assistants
Status: in_force

§ 10-1018 Duties of chief and assistants. The chief shall be president\nof the council and of the meetings of the fire department.  He shall,\nunder the direction of a separate board of fire commissioners, if any,\nhave exclusive control of the members at all fires, inspections and\nreviews, the supervision of the engines, hose and other apparatus owned\nby the village for the prevention or extinguishment of fires, of all\nproperty owned by the fire department, and of all officers and employees\nthereof elected or employed by the council or by a separate board of\nfire commissioners, if any. He shall, whenever required by the board of\nfire commissioners, report to the board the condition of the property of\nthe department and such other information respecting the department as\nmay be required. He shall hold the members, officers and employees of\nthe department strictly to account for neglect of duty, and may, in a\nvillage in which separate fire commissioners are not appointed, suspend\nor discharge them at any time, subject to the approval of two-thirds of\nthe members of the council at the next meeting.  He shall, upon\napplication, and if authorized by the council, or a separate board of\nfire commissioners, if any, issue through the secretary of the fire\ndepartment a certificate of the time of service of a member of the fire\ndepartment, and shall give to each officer of the department immediately\nafter his election a certificate thereof countersigned by the secretary.\nIn case of the inability or absence of the chief, the first assistant\nand in case of the absence or inability of both the chief and first\nassistant, the second assistant, and in the absence of the second\nassistant, the third assistant, if any, and in the absence of the third\nassistant, if any, the fourth assistant, if any, shall perform the\nduties and have all the powers of the chief.\n
N.Y. CVR Law § 75 — New York Code / Act CVR / Article 7 / Section 75
Defamation by radio or television
Status: in_force

§ 75.  Defamation by radio or television.  1.  The owner, licensee or\noperator of a visual or sound radio broadcasting station or network of\nstations, and the agents or employees of any such owner, licensee or\noperator, shall not be liable for any damages for any defamatory\nstatement published or uttered in or as a part of a visual or sound\nradio broadcast, by any legally qualified candidate for public office\nwhose utterances, under rules and regulations of the federal\ncommunications commission may not be subject to censorship by such\nowner, licensee or operator of such visual or sound radio broadcasting\nstation or network of stations, or their agents or employees.\n  2.  A "legally qualified candidate" means any person who has publicly\nannounced that he is a candidate for nomination by a convention of a\npolitical party or for nomination or election in a primary, special, or\ngeneral election, municipal, county, state or national, and who meets\nthe qualifications prescribed by the applicable laws to hold the office\nfor which he is a candidate, so that he may be voted for by the\nelectorate directly or by means of delegates or electors and who (a) has\nqualified for a place on the ballot or (b) is eligible under the\napplicable law to be voted by writing in his name on the ballot, or\nother method, and who has been nominated by a political party which is\ncommonly known and regarded as such or makes a substantial showing that\nhe is a bona fide candidate for nomination or office, as the case may\nbe.\n  3.  In order to be absolved from liability for damages for any\nutterance by a legally qualified candidate as herein defined in or as\npart of a visual or sound radio broadcast, the owner, licensee or\noperator of such visual or sound radio broadcasting station or network\nof stations, or the agents or employees thereof, shall announce, in\nsubstance, at the beginning and end of each such political broadcast of\nmore than five minutes duration, and at the beginning of each such\npolitical broadcast of five minutes duration or less, that the remarks\nabout to be made, or made, as the case may be, by the speaker are not to\nbe construed as reflecting the opinions or beliefs of the station, its\nownership or management.\n
N.Y. EXC Law § 220 — New York Code / Act EXC / Article 11 / Section 220
Orders, rules or regulations
Status: in_force

§ 220. Orders, rules or regulations. The basic system herein provided\nfor shall remain at all times under the control of the superintendent of\nstate police and such control may be exercised by him through any member\nof the state police as he shall designate for such purpose. The\nsuperintendent of state police is hereby authorized to make and issue\nsuch orders, rules or regulations for the use of this system as in his\ndiscretion are necessary for efficient operation.\n
N.Y. CVP Law § 10004 — New York Code / Act CVP / Article 100 / Section 10004
Effect of unconstitutionality in part
Status: in_force

§ 10004. Effect of unconstitutionality in part.  If any clause,\nsentence, paragraph, subdivision, section, rule or part of this chapter\nshall be adjudged by any court of competent jurisdiction to be invalid,\nsuch judgment shall not affect, impair or invalidate the remainder\nthereof, but shall be confined in its operation to the clause, sentence,\nparagraph, subdivision, section, rule or part thereof directly involved\nin the controversy in which such judgment shall have been rendered.\n
N.Y. ISC Law § 5511 — New York Code / Act ISC / Article 55 / Section 5511
Annual statement
Status: in_force

§ 5511. Annual statement. (a) The association shall annually file a\nstatement in the office of the superintendent on or before the first day\nof March. The statement shall be in a form approved by and contain\ninformation prescribed by the superintendent with respect to its\ntransactions, condition, operations and affairs during the preceding\nyear.\n  (b) The superintendent may, at any time, require the association to\nfurnish additional information with respect to its transactions,\ncondition or any matter connected therewith which he considers to be\nmaterial and which will assist him in evaluating the scope, operation\nand experience of the association.\n  (c) The association shall include as an asset the then present value\nof annuity payments to which it is entitled in accordance with\nsubdivision (b) of section five thousand thirty-six of the civil\npractice law and rules.\n
N.Y. SCC Law § 17 — New York Code / Act SCC / Article 3 / Section 17
Additional fees or compensation not to be paid
Status: in_force

§ 17. Additional fees or compensation not to be paid. No officer of\nthe city, except corporation counsel, a justice of a city court, acting\nas clerk of said court, city marshal, marshal of a city or municipal\ncourt, commissioners of deeds and city officers acting as commissioners\nof deeds, shall have or receive to his use any perquisites, compensation\nor fees for services pertaining directly or indirectly, or which may\nhereafter be added to the duties of his office, in addition to his\nsalary; and all perquisites, compensation and fees paid to and received\nby any such officer for services pertaining directly or indirectly, or\nwhich may hereafter be added to the duties of his office, other than his\nsalary received from the city, shall be the property of the city, and\nshall be paid by the officer receiving the same into the city treasury.\nThe compensation of all the officers, clerks and subordinates in the\nseveral departments shall not exceed in the aggregate the appropriation\nmade by the board of estimate and apportionment for that purpose.\n
N.Y. PEN Law § 230.33 — New York Code / Act PEN / Part 3 / Title M / Article 230 / Section 230.33
Compelling prostitution
Status: in_force

§ 230.33 Compelling prostitution.\n  A person is guilty of compelling prostitution when, being eighteen\nyears old or more, he or she knowingly advances prostitution by\ncompelling a person less than eighteen years old, by force or\nintimidation, to engage in prostitution.\n  Compelling prostitution is a class B felony.\n
N.Y. BNK Law § 467 — New York Code / Act BNK / Article 11 / Section 467
Qualifications and disqualifications of directors and committee members
Status: in_force

§ 467. Qualifications and disqualifications of directors and committee\nmembers. Every director and committee member of a credit union shall be\nthe owner of at least one share subscribed for by him or standing in his\nname on the books of the credit union; and every person elected to be a\ndirector or committee member, who, after his election, shall\nhypothecate, pledge or cease to be the owner of his qualifying share or\nshares, except as permitted by subdivision four of section four hundred\nfifty-six of this article, shall cure the disqualification within thirty\ndays or thereby vacate his office, and not be eligible for re-election\nas a director or committee member for a period of one year from the date\nof the next succeeding annual meeting. The restrictions herein of\nrequiring directors and committee members to be the owner of at least\none share shall not apply to a corporate credit union.\n
N.Y. COM Law § 359-F — New York Code / Act COM / Article 17-A / Section 359-F
Powers and duties of the commissioner
Status: in_force

§ 359-f. Powers and duties of the commissioner. 1. The commissioner\nmay promulgate regulations establishing an application process and\neligibility criteria, that will be applied consistent with the purposes\nof this article, so as not to exceed the annual cap on tax credits set\nforth in section three hundred fifty-nine-g of this article which,\nnotwithstanding any provisions to the contrary in the state\nadministrative procedure act, may be adopted on an emergency basis.\n  2. The commissioner shall, in consultation with the department of\ntaxation and finance, develop a certificate of tax credit that shall be\nissued by the commissioner to participants. Participants must include\nthe certificate of tax credit with their tax return to receive any tax\nbenefits under this article.\n  3. The commissioner shall solely determine the eligibility of any\napplicant applying for entry into the program and shall remove any\nparticipant from the program for failing to meet any of the requirements\nset forth in subdivision six of section three hundred fifty-nine-c of\nthis article and section three hundred fifty-nine-d of this article.\n
N.Y. CVP Law § 4534 — New York Code / Act CVP / Article 45 / Section 4534
Standard of measurement used by surveyor
Status: in_force

Rule 4534. Standard of measurement used by surveyor. An official\ncertificate of any state, county, city, village or town sealer elected\nor appointed pursuant to the laws of the state, or the statement under\noath of a surveyor, that the chain or measure used by him conformed to\nthe state standard at the time a survey was made is prima facie evidence\nof conformity, and an official certificate made by any sealer that the\nimplement used in measuring such chain or other measure was the one\nprovided the sealer pursuant to the provisions of the laws of the state\nis prima facie evidence of that fact.\n
N.Y. CVP Law § 3034 — New York Code / Act CVP / Article 30 / Section 3034
Motion procedure to settle statement terms
Status: in_force

Rule 3034. Motion procedure to settle statement terms. 1. A party\naggrieved by the failure of another to perform under a contract to\nsubmit a controversy, upon filing a statement, signed and acknowledged\nby the party, specifying the claim and the relief requested, may move\nfor an order directing settlement of the terms of the statement, if\nnecessary, and the determination of the controversy pursuant to the New\nYork Simplified Procedure for Court Determination of Disputes.\n  2. Eight days notice of the motion, or such other notice as the court\nshall deem appropriate, shall be served upon the party alleged to be in\ndefault, in such manner as the court shall direct.\n  3. If there is no substantial question as to the making of the\ncontract or submission, or the failure to comply therewith, the court\nshall proceed with the determination of the controversy pursuant to the\nsimplified procedure and these rules. If the court shall find that a\nsubstantial issue of fact has been raised as to the making of the\ncontract or submission, or the failure to comply therewith, and the\nmotion shall not have been denied as a matter of law, the court shall\nproceed expeditiously with the trial thereof without a jury, unless\neither party upon argument of the motion shall have demanded in writing\na trial by jury of the issue of the making of the contract or\nsubmission, in which event the court shall proceed as promptly as may be\npracticable with such trial before a jury.\n
N.Y. GBS Law § 501 — New York Code / Act GBS / Article 29 / Section 501
Prohibitions
Status: in_force

§ 501. Prohibitions. The manufacture and/or sale, or offering for\nsale, or the introduction, delivery for introduction, transportation or\ncausing to be transported in commerce or for the purpose of sale or\ndelivery after sale in commerce, of any product, fabric or related\nmaterial which under the provisions of section five hundred two of this\narticle is so highly flammable as to be dangerous when worn or used by\nindividuals, shall be unlawful.\n
N.Y. RAT Law § 55 — New York Code / Act RAT / Article 6 / Section 55
Notice of intention to condemn property
Status: in_force

§ 55. Notice of intention to condemn property.  The corporation\ncounsel shall give or cause to be given notice by publication in two\npublic newspapers published in the city, of his intention to make\napplication to the such court that the compensation which should justly\nbe made to the respective owners of or persons interested in the\nproperty proposed to be taken or extinguished by such proceeding be\nascertained and determined by the court without a jury. Such notice\nshall state the time and place of such application, shall briefly state\nthe object of the application, and shall briefly describe the property\nsought to be acquired or affected, and refer to a fuller statement to be\nfiled in the office of the board of transportation, in which shall be\nset forth the location and boundaries of the several lots or parcels of\nproperty, and the property rights sought to be taken or affected, and a\nbrief statement as to each of such lots or parcels, of the property\nrights therein or appurtenant thereto sought to be acquired or\nextinguished, with a reference to the dates and places of filing such\nmaps or plans and memoranda, shall be a sufficient description of the\nproperty sought to be so taken or affected. Such notice shall be\npublished in such newspaper twice a week for two weeks immediately\nprevious to the time fixed in the notice for the presentation of each\npetition.\n
N.Y. AGM Law § 31-G — New York Code / Act AGM / Article 2-C / Section 31-G
Definitions
Status: in_force

§ 31-g. Definitions. As used in this article, unless another meaning\nis clearly indicated:\n  1. "Community garden" shall mean public or private lands upon which\ncitizens of the state have the opportunity to garden on lands which they\ndo not individually own.\n  2. "Garden" shall mean a piece or parcel of land appropriate for the\ncultivation of herbs, fruits, flowers, nuts, honey, poultry for egg\nproduction, maple syrup, ornamental or vegetable plants, nursery\nproducts, or vegetables.\n  3. "Municipality" shall mean any county, town, village, city, school\ndistrict, board of cooperative educational services, other special\ndistrict, or any office or agency thereof.\n  4. "Office" shall mean the office of community gardens.\n  4-a. "State agency" shall mean any department, bureau, commission,\nboard, public authority or other agency of the state, including any\npublic benefit corporation of which any member of whose board is\nappointed by the governor.\n  5. "Use" shall mean to avail oneself of or to employ without\nconveyance of title gardens on vacant public lands by any individual or\norganization.\n  6. "Vacant public land" shall mean any land owned by the state or a\npublic corporation including a municipality that is not in use for a\npublic purpose, is otherwise unoccupied, idle or not being actively\nutilized for a period of at least six months and is suitable for garden\nuse.\n