Briana's Law
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Briana's Law
Briana's Law is the name given to New York Senate Bill S3165B signed by Governor Andrew Mark Cuomo during the 2017–2018 Legislative Session which honors the memory of Briana Ojeda. Briana Ojeda was an 11-year-old girl from Brooklyn, New York, who died in the summer of 2010 when police officer Alfonso Mendez did not perform CPR on her after she suffered from an asthma attack. Prior to the passage of the law, the New York Police Department trained its officers in CPR, but they were not obligated by law to perform it. Briana's Law requires that every police officer, member of the State Police, including police officer trainees and state police cadets, receive CPR training prior to employment as well as during employment every two years, where practicable, but no later than 4 years, and requires that individuals demonstrate proficiency in the technique. Briana Ojeda Briana Amaryllis Ojeda was a young girl of Puerto Rican descent born in 1998 in Brooklyn, New York, to Michael A ...
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New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's popul ...
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Raymond Kelly
Raymond Walter Kelly (born September 4, 1941) is the longest serving Commissioner in the history of the New York City Police Department (NYPD) and the first man to hold the post for two non-consecutive tenures. According to its website, Kelly — a lifelong New Yorker—had spent 45 years in the NYPD, serving in 25 different commands and as Police Commissioner from 1992 to 1994 and again from 2002 until 2013. Kelly was the first man to rise from Police Cadet to Police Commissioner, holding all of the department's ranks, except for Three-Star Bureau Chief, Chief of Department and Deputy Commissioner, having been promoted directly from Two-Star Chief to First Deputy Commissioner in 1990. After his handling of the World Trade Center bombing in 1993, he was mentioned for the first time as a possible candidate for FBI Director. ;video of broadcast After Kelly turned down the position, Louis Freeh was appointed. Kelly was a Marine Corps Reserve colonel, director of police under t ...
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Necessity Defense (New York)
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: Under the "choice-of-evils" theory of section 35.05, it is a question of fact for the criminal jury whether the conduct was justified under the circumstances. See People of the State of New York v. Maher, 79 N.Y.2d 978 (1992)
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the defendant is generally held to a "reasonableness" standard—the question is whether a reasonable person in the defendant's position would have reached the conclusion that the ...
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Gun Laws In New York
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. These regulations are very strict in comparison to the rest of the United States. New York Civil Rights Law art. II, § 4 provides that "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed." Similar text is also contained in the Second Amendment to the United States Constitution. New York state law does not require a license to own or possess rifles or shotguns, but does require a permit to legally possess or own a pistol. All firearms must comply with the NY SAFE Act, which bans firearms that it defines as assault weapons, unless they were owned prior to the ban and registered by April 15, 2014. Law enforcement is partially exempt from this law. The City of New York has its own set of laws, and requires ...
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Felony Murder Rule (New York)
In the state of New York, the common law felony murder rule has been codified in New York Penal Law § 125.25. The New York version of the rule provides that a death occurring during the commission of certain felonies becomes second degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the .... Affirmative defenses The rule also provides an affirmative defense.McCarthy, K.E. ''Felony Murder.'' Connecticut General Assembly Office of Legislative Research. 13 February 2008 The defendant has an affirmative defense if the crime was committed in a group and they: *Did not actually commit, solicit, or aid the homicide, and *Were not armed with a deadly weapon, and *Had no reason to believe that another participant carried a deadly weapon, and *Had no reason to believe that anoth ...
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New York Energy Law
New York energy law is the statutory, regulatory, and common law of the state of New York concerning the policy, conservation, taxation, and utilities involved in energy. Secondary sources have also influenced the law of energy in the Empire State. The myriad legal issues concerning hydrofracking in New York has in the 2010s spawned a new body of legal authority with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, for this rapidly changing field of law. Energy Law (Consolidated Laws) The ''New York Consolidated Laws'' includes a statutory code called the "Energy Law". Under New York law, "energy" and "energy resources" are defined as: The N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the Consolidated Laws. The 1970s was a period of tremendous expansion of both federal and state laws concerning energy. This code is divided into these articles, which are ...
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New York Divorce Law
New York divorce law changed on August 15, 2010, when Governor David Paterson signed no-fault divorce into law in New York state. Until 2010, New York recognized divorces only upon fault-based criteria or upon separation. The State Senate approved the No-Fault Divorce bill on June 30, and the State Assembly passed the bill on July 1. Overview Despite being generally considered a liberal state, New York has a history of being conservative on issues regarding marriage; it was the last state in the country to allow no-fault divorce and still maintains a (seldom enforced) law against adultery (Penal Law § 255.17). Until 1966, adultery was the only ground of divorce; cruelty, a ground that had long been available in most other states, was not available in New York. Divorce grounds New York is a mixed state that allows for both no-fault and at-fault divorce. In the US, about one-third of states, most of them in the West and Midwest, are only no-fault, having abolished at-fault divorce ...
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Certificate Of Disposition
A certificate of disposition is a New York court document that indicates the current status of a case or its final disposition. Availability Certificates of Disposition are available from the clerk's office in either the Criminal Court or the Supreme Court, Criminal Term, both trial courts in New York City. It is also available in all other city courts in Upstate New York, for example, Binghamton, New York, and Plattsburgh, New York. Only the criminal defendant, defendants representation, or a person with written and notarized permission of the defendant, can access this court record. There are 13 branches of New York City Criminal Courts, and five branches of the Supreme Court handling felonies in New York City. There are also 61 city courts outside of New York City. See also * Allocution * Transcript * Law of New York * Judiciary of New York The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New ...
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Capital Punishment In New York
Capital punishment was outlawed in New York after the New York Court of Appeals, the highest court in the state, declared the practice as unconstitutional under the state's constitution in 2004. In 1972, the U.S. Supreme Court's ruling declared existing capital punishment statutes unconstitutional in ''Furman v. Georgia'', abolishing the practice of capital punishment in the United States. In 1976, the same court's ruling in ''Gregg v. Georgia'' allowed states to reinstate the death penalty. In 1995, Governor George Pataki signed a new statute into law which returned the death penalty in New York by authorizing lethal injection for execution. However, there were no executions before the law was repealed for good in 2004. Prior to ''Furman v. Georgia'', New York was the first state to adopt the electric chair as a method of execution, which replaced hanging. The last New York execution during that time had occurred in 1963, when Eddie Lee Mays was electrocuted at Sing Sing p ...
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Alcohol Laws Of New York
Alcohol laws of New York (or commonly Alcohol Beverage Control Law) are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more. State Liquor Authority The New York State Liquor Authority (NYSLA) and its agency arm, the Division of Alcoholic Beverage Control (DABC), were established under New York State Law in 1934 to "regulate and control the manufacture and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law." The SLA is also authorized by statute to "determine whether public convenience and advantage will be promoted by the issuance of licenses to traffic in alcoholic beverages †...
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New York City Council
The New York City Council is the lawmaking body of New York City. It has 51 members from 51 council districts throughout the five boroughs. The council serves as a check against the mayor in a mayor-council government model, the performance of city agencies land use decisions, and legislating on a variety of other issues. It also has sole responsibility for approving the city budget. Members elected in or after 2010 are limited to two consecutive four-year terms in office but may run again after a four-year respite; however, members elected before 2010 may seek third successive terms. The head of the city council is called the speaker. The current speaker is Adrienne Adams, a Democrat from the 28th district in Queens. The speaker sets the agenda and presides at city council meetings, and all proposed legislation is submitted through the Speaker's Office. Majority Leader Keith Powers leads the chamber's Democratic majority. Minority Leader Joe Borelli leads the six Republican c ...
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Brooklyn Community Board 2
Brooklyn Community Board 2 is a New York City community board that encompasses the Brooklyn neighborhoods of Downtown Brooklyn, Brooklyn Heights, DUMBO, Vinegar Hill, Fulton Mall, Boerum Hill, Fort Greene, Brooklyn Navy Yard, Fulton Ferry, and Clinton Hill. It is delimited by the East River on the west and the north, by Kent and Classon Avenues on the east, and by Atlantic Avenue, Pacific Street, Fourth Avenue, Warren, and Court Streets on the south. As of the United States Census, 2000, the Community Board had a population of 98,620, up from 94,534 in 1990 and 92,732 in 1980. 39,916 (40.5%) residents were African-American, 33,931 (34.4%) were White non-Hispanic, 4,629 (4.7%) were Asian or Pacific Islander, 213 (0.2%) were American Indian or Native Alaskan, 473 (0.5%) were of some other race, 2,923 (3%) were of two or more races, and 16,535 (16.8%) were of Hispanic origins. In 2004, 17.4% of the population benefited from public assistance, a decrease from 22.5% in 2000. Th ...
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