part of its enacting clause (New York) · Go Syfert
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part of its enacting clause in New York

6 New York opinions name it 4 courts 1939–2002 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
People v. Baileygreen
nycountyct · 1969 · cited in 2 New York opinions naming this issue, 1973–2002
2 sentences

2002For example, in People v Bailey ( 60 Misc 2d 283, 289 [Fulton County Ct 1969]), the court held, in relevant part, that: “When a statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases or under certain circumstances, the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true exception which it is necessary for the People in an action, based upon the statute, to negative by pleading and by proof. * * * “Where, however, there is no such exception in the enacting clause of the statu

1973(People v. Smith, 192 Misc. 965 ; People v. Bailey, 60 Misc 2d 283 ; People v. Tarlow, 249 App. Div. 224 ; People v. Silver, 251 App. Div. 309 ; People v. Rubenstein, 252 App. Div. 730.) In People v. Kollender ( 169 Misc. 995, 998 ), the court, in a scholarly opinion, undertook a review of the law in this State, and enunciated the rule as follows: “ (1) When a.statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases * * * the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
People v. Kollender green
nycountyct · 1939
2 sentences

1980The applicable rule was set forth rather distinctly in People v Kollender ( 169 Misc 995, 998 ). "(1) When a statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases, or under certain circumstances, the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true exception which it is necessary for the plaintiff or the People in an action based upon the statute to negative both by pleading and by proof. "(2) Where, however, there is no such exception in the enacting clause of the statu

1973(People v. Smith, 192 Misc. 965 ; People v. Bailey, 60 Misc 2d 283 ; People v. Tarlow, 249 App. Div. 224 ; People v. Silver, 251 App. Div. 309 ; People v. Rubenstein, 252 App. Div. 730.) In People v. Kollender ( 169 Misc. 995, 998 ), the court, in a scholarly opinion, undertook a review of the law in this State, and enunciated the rule as follows: “ (1) When a.statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases * * * the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true

41948–1980
People v. Smith neutral
nycountyct · 1948
2 sentences

1973(People v. Smith, 192 Misc. 965 ; People v. Bailey, 60 Misc 2d 283 ; People v. Tarlow, 249 App. Div. 224 ; People v. Silver, 251 App. Div. 309 ; People v. Rubenstein, 252 App. Div. 730.) In People v. Kollender ( 169 Misc. 995, 998 ), the court, in a scholarly opinion, undertook a review of the law in this State, and enunciated the rule as follows: “ (1) When a.statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases * * * the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true

1969(People v. Smith, 192 Misc. 965 ; People v. Stedeker, 175 N. Y. 57 ; People [Lewis] v. Kollender, 169 Misc. 995 ; People v. Talbot, 34 Misc 2d 385 ; People v. Grammer, 25 Misc 2d 223 ; People v. Hosier, 19 Misc 2d 1065 .) The exceptions set forth in subdivision (a) of section 1120 of the Vehicle and Traffic Law are clearly part of the enacting clause of the statute.

21969–1973
People v. . Stedeker green
· 1903
2 sentences

1969(People v. Smith, 192 Misc. 965 ; People v. Stedeker, 175 N. Y. 57 ; People [Lewis] v. Kollender, 169 Misc. 995 ; People v. Talbot, 34 Misc 2d 385 ; People v. Grammer, 25 Misc 2d 223 ; People v. Hosier, 19 Misc 2d 1065 .) The exceptions set forth in subdivision (a) of section 1120 of the Vehicle and Traffic Law are clearly part of the enacting clause of the statute.

1948(People v. Stedeker, 175 N. Y. 57 ; People v. Devinny, 227 N. Y. 397 ; Rowell v. Janvrin, 151 N. Y. 60 ; Harris v. White, 81 N. Y. 532 ; Fleming v. People, 27 N. Y. 329 ; People [Lewis] v. Kollender, 169 Misc. 995 .) The statute in question here does contain a specific exception which is more fully covered in article 7 of the Yehicle and Traffic Law, entitled “ State Traffic Commission ”.

21948–1969
Harris v. . White green
· 1880
2 sentences

1948(People v. Stedeker, 175 N. Y. 57 ; People v. Devinny, 227 N. Y. 397 ; Rowell v. Janvrin, 151 N. Y. 60 ; Harris v. White, 81 N. Y. 532 ; Fleming v. People, 27 N. Y. 329 ; People [Lewis] v. Kollender, 169 Misc. 995 .) The statute in question here does contain a specific exception which is more fully covered in article 7 of the Yehicle and Traffic Law, entitled “ State Traffic Commission ”.

1939Harris v. White ( 81 N. Y. 532 ) was an action to recover for services rendered for the defendant and one of the defenses was that the services were rendered as a driver of the defendant’s horses in races for money in violation of the laws against horse racing and gambling.

21939–1948
People v. Tarlow green
nyappdiv · 1936
1 sentence

1973(People v. Smith, 192 Misc. 965 ; People v. Bailey, 60 Misc 2d 283 ; People v. Tarlow, 249 App. Div. 224 ; People v. Silver, 251 App. Div. 309 ; People v. Rubenstein, 252 App. Div. 730.) In People v. Kollender ( 169 Misc. 995, 998 ), the court, in a scholarly opinion, undertook a review of the law in this State, and enunciated the rule as follows: “ (1) When a.statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases * * * the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true

11973–1973
People v. Silver neutral
nyappdiv · 1937
1 sentence

1973(People v. Smith, 192 Misc. 965 ; People v. Bailey, 60 Misc 2d 283 ; People v. Tarlow, 249 App. Div. 224 ; People v. Silver, 251 App. Div. 309 ; People v. Rubenstein, 252 App. Div. 730.) In People v. Kollender ( 169 Misc. 995, 998 ), the court, in a scholarly opinion, undertook a review of the law in this State, and enunciated the rule as follows: “ (1) When a.statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases * * * the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true

11973–1973
People v. Rubenstein neutral
nyappdiv · 1937
1 sentence

1973(People v. Smith, 192 Misc. 965 ; People v. Bailey, 60 Misc 2d 283 ; People v. Tarlow, 249 App. Div. 224 ; People v. Silver, 251 App. Div. 309 ; People v. Rubenstein, 252 App. Div. 730.) In People v. Kollender ( 169 Misc. 995, 998 ), the court, in a scholarly opinion, undertook a review of the law in this State, and enunciated the rule as follows: “ (1) When a.statute contains in and as a part of its enacting clause an exception or exceptions to the effect that in certain cases * * * the offense prohibited by the statute is not to be considered as having been committed, that constitutes a true

11973–1973
People v. Hosier green
nycountyct · 1959
1 sentence

1969(People v. Smith, 192 Misc. 965 ; People v. Stedeker, 175 N. Y. 57 ; People [Lewis] v. Kollender, 169 Misc. 995 ; People v. Talbot, 34 Misc 2d 385 ; People v. Grammer, 25 Misc 2d 223 ; People v. Hosier, 19 Misc 2d 1065 .) The exceptions set forth in subdivision (a) of section 1120 of the Vehicle and Traffic Law are clearly part of the enacting clause of the statute.

11969–1969
People v. Grammer neutral
nycountyct · 1960
1 sentence

1969(People v. Smith, 192 Misc. 965 ; People v. Stedeker, 175 N. Y. 57 ; People [Lewis] v. Kollender, 169 Misc. 995 ; People v. Talbot, 34 Misc 2d 385 ; People v. Grammer, 25 Misc 2d 223 ; People v. Hosier, 19 Misc 2d 1065 .) The exceptions set forth in subdivision (a) of section 1120 of the Vehicle and Traffic Law are clearly part of the enacting clause of the statute.

11969–1969
People v. Talbot neutral
nycountyct · 1962
1 sentence

1969(People v. Smith, 192 Misc. 965 ; People v. Stedeker, 175 N. Y. 57 ; People [Lewis] v. Kollender, 169 Misc. 995 ; People v. Talbot, 34 Misc 2d 385 ; People v. Grammer, 25 Misc 2d 223 ; People v. Hosier, 19 Misc 2d 1065 .) The exceptions set forth in subdivision (a) of section 1120 of the Vehicle and Traffic Law are clearly part of the enacting clause of the statute.

11969–1969
Fleming v. . the People green
ny · 1863
1 sentence

1948(People v. Stedeker, 175 N. Y. 57 ; People v. Devinny, 227 N. Y. 397 ; Rowell v. Janvrin, 151 N. Y. 60 ; Harris v. White, 81 N. Y. 532 ; Fleming v. People, 27 N. Y. 329 ; People [Lewis] v. Kollender, 169 Misc. 995 .) The statute in question here does contain a specific exception which is more fully covered in article 7 of the Yehicle and Traffic Law, entitled “ State Traffic Commission ”.

11948–1948
Rowell v. . Janvrin green
ny · 1896
1 sentence

1948(People v. Stedeker, 175 N. Y. 57 ; People v. Devinny, 227 N. Y. 397 ; Rowell v. Janvrin, 151 N. Y. 60 ; Harris v. White, 81 N. Y. 532 ; Fleming v. People, 27 N. Y. 329 ; People [Lewis] v. Kollender, 169 Misc. 995 .) The statute in question here does contain a specific exception which is more fully covered in article 7 of the Yehicle and Traffic Law, entitled “ State Traffic Commission ”.

11948–1948
People v. . Devinny green
· 1919
1 sentence

1948(People v. Stedeker, 175 N. Y. 57 ; People v. Devinny, 227 N. Y. 397 ; Rowell v. Janvrin, 151 N. Y. 60 ; Harris v. White, 81 N. Y. 532 ; Fleming v. People, 27 N. Y. 329 ; People [Lewis] v. Kollender, 169 Misc. 995 .) The statute in question here does contain a specific exception which is more fully covered in article 7 of the Yehicle and Traffic Law, entitled “ State Traffic Commission ”.

11948–1948

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