FrankGoortani/open-us-law huggingface dataset:
N.Y. CPL Law § 470.20 — New York Code / Act CPL / Part 2 / Title M / Article 470 / Section 470.20
Determination of appeals by intermediate appellate courts; corrective action upon reversal or modification
Status: in_force

§ 470.20  Determination of appeals by intermediate appellate courts;\n             corrective action upon reversal or modification.\n  Upon reversing or modifying a judgment, sentence or order of a\ncriminal court, an intermediate appellate court must take or direct such\ncorrective action as is necessary and appropriate both to rectify any\ninjustice to the appellant resulting from the error or defect which is\nthe subject of the reversal or modification and to protect the rights of\nthe respondent.  The particular corrective action to be taken or\ndirected is governed in part by the following rules:\n  1.  Upon a reversal of a judgment after trial for error or defect\nwhich resulted in prejudice to the defendant or deprived him of a fair\ntrial, the court must, whether such reversal be on the law or as a\nmatter of discretion in the interest of justice, order a new trial of\nthe accusatory instrument and remit the case to the criminal court for\nsuch action.\n  2.  Upon a reversal of a judgment after trial for legal insufficiency\nof trial evidence, the court must dismiss the accusatory instrument.\n  3.  Upon a modification of a judgment after trial for legal\ninsufficiency of trial evidence with respect to one or more but not all\nof the offenses of which the defendant was convicted, the court must\ndismiss the count or counts of the accusatory instrument determined to\nbe legally unsupported and must otherwise affirm the judgment.  In such\ncase, it must either reduce the total sentence to that imposed by the\ncriminal court upon the counts with respect to which the judgment is\naffirmed or remit the case to the criminal court for re-sentence upon\nsuch counts; provided that nothing contained in this paragraph precludes\nfurther sentence reduction in the exercise of the appellate court's\ndiscretion pursuant to subdivision six.\n  4.  Upon a modification of a judgment after trial which reduces a\nconviction of a crime to one for a lesser included offense, the court\nmust remit the case to the criminal court with a direction that the\nlatter sentence the defendant accordingly.\n  5.  Upon a reversal or modification of a judgment after trial upon the\nground that the verdict, either in its entirety or with respect to a\nparticular count or counts, is against the weight of the trial evidence,\nthe court must dismiss the accusatory instrument or any reversed count.\n  6.  Upon modifying a judgment or reversing a sentence as a matter of\ndiscretion in the interest of justice upon the ground that the sentence\nis unduly harsh or severe, the court must itself impose some legally\nauthorized lesser sentence.\n
N.Y. PBS Law § 26 — New York Code / Act PBS / Article 1 / Section 26
Enforcement proceedings
Status: in_force

§ 26. Enforcement proceedings. Whenever the commission shall be of the\nopinion that a public utility company, corporation or person and the\nofficers, agents or employees thereof is failing or omitting or is about\nto fail or omit to do anything required of it by any provision of this\nchapter or by order or regulation, adopted under the authority of this\nchapter or is doing anything or about to do anything, or permitting\nanything or about to permit anything to be done contrary to or in\nviolation of any provision of this chapter or an order or regulation\nadopted pursuant to this chapter, the commission may direct counsel to\nthe commission to commence an action or special proceeding in the\nsupreme court in the name of the commission for the purpose of having\nsuch violations or threatened violations stopped and prevented.  Counsel\nto the commission shall thereupon begin an action or special proceeding\nalleging the violation complained of and praying for appropriate relief.\nIn case of default in answer or after answer, the court shall\nimmediately inquire into the facts and circumstances in such manner as\nthe court shall direct. Such other corporations or persons, as it shall\nseem to the court necessary or proper to join as parties in order to\nmake its judgment effective may be joined as parties to the action or\nproceeding. The final judgment in any such action or special proceeding\nshall either dismiss the action or special proceeding, direct judgment\nas prayed for in the complaint or petition, or be in such other form as\nthe court may determine is just and reasonable.\n
N.Y. PEN Law § 265.11 — New York Code / Act PEN / Part 3 / Title P / Article 265 / Section 265.11
Criminal sale of a firearm in the third degree
Status: in_force

§ 265.11 Criminal sale of a firearm in the third degree.\n  A person is guilty of criminal sale of a firearm in the third degree\nwhen such person is not authorized pursuant to law to possess a firearm\nand such person unlawfully either:\n  (1) sells, exchanges, gives or disposes of a firearm or large capacity\nammunition feeding device to another person; or\n  (2) possesses a firearm with the intent to sell it.\n  Criminal sale of a firearm in the third degree is a class D felony.\n
N.Y. RRD Law § 99 — New York Code / Act RRD / Article 3 / Section 99
Application of foregoing section
Status: in_force

§ 99. Application of foregoing section. The provisions of sections\neighty-nine to ninety-eight, inclusive, of this chapter shall also apply\nto all steam surface railroads existing on the first day of July,\neighteen hundred and ninety-seven, or thereafter, on which, after said\ndate, electricity or some other agency than steam shall be substituted\nas a motive power. None of the provisions of said sections shall apply\nto crossings in the city of Syracuse under the jurisdiction of the\nSyracuse grade crossing commission. The terms "municipality" and\n"municipal corporation" as used in said sections shall include cities,\nvillages, towns and counties.\n
N.Y. ABP Law § 1314 — New York Code / Act ABP / Article 13 / Section 1314
Unclaimed consumer credit balances
Status: in_force

§ 1314. Unclaimed consumer credit balances. 1. Any amounts\ntransferable to the New York state department of audit and control\npursuant to section seven hundred fifteen of the general business law,\nto be held pursuant to the provisions of the abandoned property law,\nshall be transferred to the state comptroller during the first fifteen\ndays of the month of February immediately succeeding the thirty-first\nday of December in the year in which the three year period of retention\nprescribed in said section is concluded.\n  2. Such transfer of moneys shall be accompanied by a written report,\naffirmed as true and accurate under penalty of perjury, in such form as\nthe state comptroller may prescribe.\n
N.Y. MIL Law § 131.7 — New York Code / Act MIL / Article 7 / Part 11 / Section 131.7
Process of military courts
Status: in_force

§ 131.7. Process of military courts.  (a) Military courts are\nempowered to issue all process and mandates necessary and proper to\ncarry into full effect the powers vested in said courts.  Such courts\nshall have power to issue subpoenae and subpoenae duces tecum and to\nenforce by attachment attendance of witnesses and production of books\nand records.\n  (b) Such process and mandates may be issued by summary courts-martial,\nprovost courts and the military judge or president of other military\ncourts and may be directed to and may be executed by the marshals of the\nmilitary court or any peace officer as defined in section 2.10 of the\ncriminal procedure law, when acting pursuant to his special duties, or\nany police officer and shall be in such form as may be prescribed by\nregulations issued pursuant to this chapter.\n  (c) It shall be the duty of all officers to whom such process or\nmandate may be so directed to execute the same and make return of their\nacts thereunder according to the requirements of the same.  Except as\notherwise specifically provided in this chapter, no such officer shall\ndemand, or require payment of any fee or charge of any nature for\nreceiving, executing or returning any such process or mandate or for any\nservices in connection therewith.\n
N.Y. ISC Law § 2710 — New York Code / Act ISC / Article 27 / Section 2710
Rules and regulations
Status: in_force

§ 2710. Rules and regulations.  The superintendent, by regulation,\nshall provide for the implementation of the provisions of this article\nand for facilitating, monitoring and verifying compliance with this\narticle.\n
N.Y. AGM Law § 47-A — New York Code / Act AGM / Article 4 / Section 47-A
Regulating the handling and sale of products made from recovered milk fat and solids
Status: in_force

§ 47-a. Regulating the handling and sale of products made from\nrecovered milk fat and solids. Notwithstanding any other provisions of\nthis chapter, it shall not be unlawful to recover milk fat and other\nmilk solids\n  (a) from mixtures of milk and potable water produced in the operation\nof high-temperature short-time pasteurizers or\n  (b) from rinsings or drippings recovered from cans or equipment used\nin the handling of milk and milk products, provided such rinsings or\ndrippings do not contain excessive foreign substance, or\n  (c) from whey or to use such fat and such other milk solids in\n  (1) products in the manufacture of which milk fat, other milk solids\nand water are permitted ingredients, or\n  (2) in the manufacture of butter and skimmed milk powder (nonfat\ndry-milk solids).\n  The commissioner is hereby authorized to promulgate regulations\ngoverning the handling, manufacturing and marketing of such mixtures,\nrinsings, drippings and whey and the products made therefrom, and may\nprescribe standards for such products.\n
N.Y. TAX Law § 1439-PPP*2 — New York Code / Act TAX / Article 31-A-4*2 / Section 1439-PPP*2
Foreclosure proceedings
Status: in_force

* § 1439-ppp. Foreclosure proceedings. Where the conveyance consists\nof a transfer of property made as a result of an order of the court in a\nforeclosure proceeding ordering the sale of such property, the referee\nor sheriff effectuating such transfer shall not be liable for any\ninterest or penalties that are authorized pursuant to this article or\narticle thirty-seven of this chapter.\n  * NB Repealed December 31, 2045\n  * NB There are 2 § 1439-ppp's\n
N.Y. PEN Law § 260.00 — New York Code / Act PEN / Part 3 / Title O / Article 260 / Section 260.00
Abandonment of a child
Status: in_force

§ 260.00 Abandonment of a child.\n  1. A person is guilty of abandonment of a child when, being a parent,\nguardian or other person legally charged with the care or custody of a\nchild less than fourteen years old, he or she deserts such child in any\nplace with intent to wholly abandon such child.\n  2. A person is not guilty of the provisions of this section when he or\nshe engages in the conduct described in subdivision one of this section:\n(a) with the intent that the child be safe from physical injury and\ncared for in an appropriate manner; (b) the child is left with an\nappropriate person, or in a suitable location and the person who leaves\nthe child promptly notifies an appropriate person of the child's\nlocation; and (c) the child is not more than thirty days old.\n  Abandonment of a child is a class E felony.\n
N.Y. GMU Law § 627 — New York Code / Act GMU / Article 15-B / Title 58 / Section 627
City of Fulton community development agency
Status: in_force

§ 627. City of Fulton community development agency. A community\ndevelopment agency, to be known as the city of Fulton community\ndevelopment agency, is hereby established for the accomplishment of any\nor all of the purposes specified in articles fifteen and fifteen-A of\nthis chapter and in accordance with article eighteen of the constitution\nof the state of New York. It shall constitute a body corporate and\npolitic, and be perpetual in duration and its members shall be the mayor\nand the aldermen of the city of Fulton. It shall have the powers and\nduties now or hereafter conferred by article fifteen-A of this chapter\nupon municipal renewal agencies. It shall be organized in the manner\nprescribed by and be subject to the provisions of article fifteen-A of\nthis chapter and the agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of such article.\n
N.Y. PBG Law § 461 — New York Code / Act PBG / Article 13 / Title 58 / Section 461
Middletown Housing Authority
Status: in_force

§ 461. Middletown Housing Authority.  A municipal housing authority,\nto be known as the Middletown Housing Authority, is hereby created and\nestablished for the city of Middletown in the county of Orange for the\naccomplishment of any or all of the purposes specified in article\neighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. PEN Law § 145.22 — New York Code / Act PEN / Part 3 / Title I / Article 145 / Section 145.22
Cemetery desecration in the second degree
Status: in_force

§ 145.22 Cemetery desecration in the second degree.\n  A person is guilty of cemetery desecration in the second degree when:\n(a) with intent to damage property of another person, and having no\nright to do so nor any reasonable ground to believe that he has such\nright, he damages any real or personal property maintained as a cemetery\nplot, grave, burial place or other place of interment of human remains;\nor\n  (b) with intent to steal personal property, he steals personal\nproperty which is located at a cemetery plot, grave, burial place or\nother place of interment of human remains and which property is owned by\nthe person or organization which maintains or owns such place or the\nestate, next-of-kin or representatives of the deceased person interred\nthere.\n  Cemetery desecration in the second degree is a class A misdemeanor.\n
N.Y. VIL Law § 10-1020 — New York Code / Act VIL / Article 10 / Section 10-1020
Abolition of fire department; employment of paid firefighters
Status: in_force

§ 10-1020 Abolition of fire department; employment of paid\nfirefighters.  The board of trustees of any village may, by resolution,\nabolish, in whole or in part, the fire department in such village, which\naction of the board of trustees shall be subject to a permissive\nreferendum as defined in this chapter; if such fire department is\nabolished, all the money and property of such department shall be turned\nover by the officers of such department or by the fire commissioners to\nthe board of trustees within ten days after service of notice on such\nofficers or commissioners of the action of the board of trustees. Or,\nthe board of trustees may, by resolution, determine that one or more\nfirefighters shall be employed to act with such voluntary department and\nmay fix the salary of such firefighters; the board of trustees may also\ndetermine that such paid firefighters shall have charge of all apparatus\nand other equipment and that the voluntary department shall act under\nthe orders of such paid firefighter or firefighters.\n
N.Y. SCP Law § 1410 — New York Code / Act SCP / Article 14 / Section 1410
Who may file objections to probate of an alleged will Any person whose interest in property or in the estate of the testator would be adv...
Status: in_force

§ 1410. Who may file objections to probate of an alleged will\n  Any person whose interest in property or in the estate of the testator\nwould be adversely affected by the admission of the will to probate may\nfile objections to the probate of the will or of any portion thereof\nexcept that one whose only financial interest would be in the\ncommissions to which he would have been entitled if his appointment as\nfiduciary were not revoked by a later instrument shall not be entitled\nto file objections to the probate of such instrument unless authorized\nby the court for good cause shown. The objections must be filed on or\nbefore the return day of the process or on such subsequent day as\ndirected by the court; provided however that if an examination is\nrequested pursuant to 1404, objections must be filed within 10 days\nafter the completion of such examinations, or within such other time as\nis fixed by stipulation of the parties or by the court.\n
N.Y. TAX Law § 473-B — New York Code / Act TAX / Article 20 / Section 473-B
Cigarettes marked for export outside the United States; importation and affixation of stamps prohibited
Status: in_force

§ 473-b. Cigarettes marked for export outside the United States;\nimportation and affixation of stamps prohibited. 1. A person may not\nimport into this state any cigarettes that have been marked for export\noutside the United States with a label or notice in compliance with 27\nCFR § 290.185 or that violates a federal requirement for the placement\nof labels, warnings, or any other information, including health hazards,\non the individual package.\n  2. A person may not affix a stamp on a package of cigarettes,\ncigarette papers, wrappers or tubes unless that individual complies with\nall federal tax laws, federal trademark and copyright laws, and all\nfederal laws regarding the placement of labels, warnings or any other\ninformation upon a package of cigarettes, cigarette papers, wrappers, or\ntubes.\n  3. A person may not affix a stamp on a package of cigarettes,\ncigarette papers, wrappers, or tubes if that individual package has been\nmarked for export outside the United States with a label or notice in\ncompliance with 27 CFR § 290.185.\n
N.Y. LAB Law § 790 — New York Code / Act LAB / Article 21-B / Section 790
Definitions
Status: in_force

§ 790. Definitions. As used in this article:\n  1. The term "call center" means a facility or other operation in which\nemployees receive phone calls or other communications, including\nelectronic communications for the purpose of providing customer\nassistance or for related services supportive of business processes.\n  2. The term "call center contract" means a contract with a\ngovernmental body, or a subcontract with an entity that has a contract\nwith a governmental body, pursuant to which the contractor furnishes\ncall center services for the benefit of the governmental body.\n  3. The term "governmental body" means the state of New York and any\npublic authority or public benefit corporation in the state of New York.\n  4. The term "call center employee" means any person employed to\nperform call center services who has been regularly assigned to such\nwork for a call center contractor on a full or part-time basis for at\nleast ninety days, except for (a) persons whose work for a call center\nis managerial or supervisory; and (b) persons regularly scheduled to\nwork fewer than four hours per week for the call center.\n  5. The term "entity" means a person, partnership, proprietorship,\nassociation, limited liability company, trust, corporation, firm, joint\nventure or enterprise of any kind.\n  6. The term "call center contractor" means an entity (a) that is a\nparty to a call center contract, and (b) provides call center services\nfor the benefit of a governmental body, and (c) employs call center\nemployees or engages a subcontractor or other entity to perform such\ncall center services and that entity employs call center employees.\n  7. The term "terminating call center contractor" means an entity that\nhas provided services as a call center contractor pursuant to a call\ncenter contract which is being terminated.\n  8. The term "former call center contractor" means an entity that\nprovided services as a call center contractor pursuant to a call center\ncontract which has been terminated, and after termination of that\ncontractor, a successor call center contractor has performed some or all\nof the same services pursuant to a call center contract.\n  9. The term "successor call center contractor" means an entity that,\npursuant to a call center service contract, succeeds to the performance\nof call center services previously performed by a terminating call\ncenter contractor.\n
N.Y. TRA Law § 272 — New York Code / Act TRA / Article 12 / Section 272
Time to take effect
Status: in_force

§ 272. Time to take effect. This act shall take effect September\nfirst, nineteen hundred sixty-seven.\n
N.Y. PEN Law § 70.08 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.08
Sentence of imprisonment for persistent violent felony offender; criteria
Status: in_force

§ 70.08 Sentence of imprisonment for persistent violent felony offender;\n          criteria.\n  1. Definition of persistent violent felony offender.\n  (a) A persistent violent felony offender is a person who stands\nconvicted of a violent felony offense as defined in subdivision one of\nsection 70.02 or the offense of predatory sexual assault as defined in\nsection 130.95 of this chapter or the offense of predatory sexual\nassault against a child as defined in section 130.96 of this chapter,\nafter having previously been subjected to two or more predicate violent\nfelony convictions as defined in paragraph (b) of subdivision one of\nsection 70.04 of this article.\n  (b) For the purpose of determining whether a person has two or more\npredicate violent felony convictions, the criteria set forth in\nparagraph (b) of subdivision one of section 70.04 shall apply.\n  2. Authorized sentence. When the court has found, pursuant to the\nprovisions of the criminal procedure law, that a person is a persistent\nviolent felony offender the court must impose an indeterminate sentence\nof imprisonment, the maximum term of which shall be life imprisonment.\nThe minimum period of imprisonment under such sentence must be in\naccordance with subdivision three of this section.\n  * 3. Minimum period of imprisonment. The minimum period of\nimprisonment under an indeterminate life sentence for a persistent\nviolent felony offender must be fixed by the court as follows:\n  (a) For the class A-II felony of predatory sexual assault as defined\nin section 130.95 of this chapter or the class A-II felony of predatory\nsexual assault against a child as defined in section 130.96 of this\nchapter, the minimum period must be twenty-five years;\n  (a-1) For a class B felony, the minimum period must be at least twenty\nyears and must not exceed twenty-five years;\n  (b) For a class C felony, the minimum period must be at least sixteen\nyears and must not exceed twenty-five years;\n  (c) For a class D felony, the minimum period must be at least twelve\nyears and must not exceed twenty-five years.\n  * NB Effective until September 1, 2027\n  * 3. Minimum period of imprisonment. The minimum period of\nimprisonment under an indeterminate life sentence for a persistent\nviolent felony offender must be fixed by the court as follows:\n  (a) For the class A-II felony of predatory sexual assault as defined\nin section 130.95 of this chapter or the class A-II felony of predatory\nsexual assault against a child as defined in section 130.96 of this\nchapter, the minimum period must be twenty-five years;\n  (a-1) For a class B felony, the minimum period must be at least ten\nyears and must not exceed twenty-five years;\n  (b) For a class C felony, the minimum period must be at least eight\nyears and must not exceed twenty-five years;\n  (c) For a class D felony, the minimum period must be at least six\nyears and must not exceed twenty-five years.\n  * NB Effective September 1, 2027\n