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The Penal Law of the State of New York combines justification and necessity into a single article, Article 35. "Defense of Justification" comprises sections 35.05 through 35.30 of the Penal Law. The general provision relating to necessity, section 35.05, provides: § 35.05 Justification; generally.
New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the Consolidated Laws affected by its passage. [ 3 ] [ 4 ] Unlike civil law codes , the Consolidated Laws are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary ...
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Pursuant to the state constitution, the New York State Legislature has enacted legislation, called chapter laws or slip laws when printed separately. [2] [3] [4] The bills and concurrent resolutions proposing amendments to the state or federal constitutions of each legislative session are called session laws and published in the official Laws of New York.
In the state of New York, the common law felony murder rule has been codified in New York Penal Law § 125.25. [6] The New York version of the rule provides that a death occurring during the commission of certain felonies, without the intent to kill, becomes second degree murder, and with intent to kill, becomes first degree murder.
A person is guilty of forcible touching in New York State, under NY Penal Law § 130.52 (2022), when such person "intentionally, and for no legitimate purpose: 1. forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire ...
In his first State of the State address in January 2009, New York governor David Paterson was critical of the Rockefeller drug laws, stating, "I can't think of a criminal justice strategy that has been more unsuccessful than the Rockefeller drug laws." [15] In April 2009, the New York Penal Law and the New York Criminal Procedure Law were ...