New York Consolidated Laws

N.Y. Penal Law § 5.10 (2026)

Other limitations on applicability of this chapter

✓ current as of May 2026

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§ 5.10 Other limitations on applicability of this chapter.
  1. Except as otherwise provided, the procedure governing the
accusation, prosecution, conviction and punishment of offenders and
offenses is not regulated by this chapter but by the criminal procedure
law.
  2. This chapter does not affect any power conferred by law upon any
court-martial or other military authority or officer to prosecute and
punish conduct and offenders violating military codes or laws.
  3. This chapter does not bar, suspend, or otherwise affect any right
or liability to damages, penalty, forfeiture or other remedy authorized
by law to be recovered or enforced in a civil action, regardless of
whether the conduct involved in such civil action constitutes an offense
defined in this chapter.
  4. Sections 120.45, 120.50, 120.55, 120.60 and 240.25, subdivisions
two and three of section 240.26, and sections 240.70 and 240.71 of this
chapter (a) do not apply to conduct which is otherwise lawful under the
provisions of the National Labor Relations Act as amended, the National
Railway Labor Act as amended, or the Federal Employment Labor Management
Act as amended, and (b) do not bar any conduct, including, but not
limited to, peaceful picketing or other peaceful demonstration,
protected from legal prohibition by the federal and state constitutions.

Notes of Decisions

Cited in 5 cases, 1986–2007 · leading case: United States v. Hooker Chemicals & Plastics Corp., 748 F. Supp. 67 (W.D.N.Y. 1990).

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United States v. Hooker Chemicals & Plastics Corp., 748 F. Supp. 67 (W.D.N.Y. 1990). · cites it 4× “N.Y. PENAL LAW § 5.10 (3) (McKinney 1987) (emphasis added).”

City of New York v. A-1 Jewelry & Pawn, Inc., 247 F.R.D. 296 (E.D.N.Y 2007). “”); N.Y. Penal Law § 5.10 (3) (penal laws pertaining to licensing of firearms and criminal negligence do “not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil…”

Plato's Cave Corp. v. State Liquor Auth., 498 N.E.2d 420 (NY 1986). “We disagree, for both the language of that provision and its legislative *794 history establish that the purpose of the subdivision was to make clear that notwithstanding provisions of the Penal Law other forms of prosecution or recovery continued to coexist and were not…”

City of New York v. Beretta U.S.A. Corp., 315 F. Supp. 2d 256 (E.D.N.Y 2004). “”); N.Y. Penal Law § 5.10 (3) (penal laws pertaining to licensing of firearms and criminal negligence do “not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil…”

People v. Shepherd, 179 Misc. 2d 171 (N.Y. Sup. Ct. 1998). “Our Constitution mandates the necessity of regulating and disciplining the military (see, NY Const, art I, § 6), the Penal Law notwithstanding (see, Penal Law § 5.10 [2]). That our Military Law is less known and cited is not to suggest that this body of statutory enactment is to…”

— N.Y. Penal Law § 5.10(3) — 1 case

United States v. Hooker Chemicals & Plastics Corp., 748 F. Supp. 67 (W.D.N.Y. 1990). “N.Y. PENAL LAW § 5.10 (3) (McKinney 1987) (emphasis added).”

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