New York Law
New York State Laws - This site contains the full text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law and the New York Vehicle and Traffic Law.
NYS Law Definition of the Week
NYS Penal Law Definition of the Week - January 21, 2013
♦ "Custody" Section 205.00. means restraint by a public servant pursuant to an authorized arrest or an order of a court. (read more)
NYS Penal Law Definition of the Week - January 14, 2013
♦ "Relative" Section 135.00. means a parent, ancestor, brother, sister, uncle or aunt. (read more)
NYS Penal Law Definition of the Week - January 7, 2013
♦ "Physically helpless" Section 130.00. means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. (read more)
NYS Penal Law Definition of the Week - December 31, 2012
♦ "Mentally incapacitated" Section 130.00. means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent. (read more)
NYS Penal Law Definition of the Week - December 24, 2012
♦ "Mentally disabled" Section 130.00. means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct. (read more)
NYS Penal Law Definition of the Week - December 17, 2012
♦ "Loaded firearm" Section 265.00. Loaded firearm means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm. (read more)
NYS Penal Law Definition of the Week - December 10, 2012
♦ "Automatic knife" Section 265.00. Automatic knife includes a stiletto, a switchblade knife, a gravity knife, a cane sword, a pilum ballistic knife, and a metal knuckle knife. (read more)
NYS Penal Law Definition of the Week - December 3, 2012
♦ "Swear falsely" Section 210.00. A person "swears falsely" when he intentionally makes a false statement which he does not believe to be true (a) while giving testimony, or (b) under oath in a subscribed written instrument. A false swearing in a subscribed written instrument shall not be deemed complete until the instrument is delivered by its subscriber, or by someone acting in his behalf, to another person with intent that it be uttered or published as true. (read more)
NYS Penal Law Definition of the Week - November 26, 2012
♦ "Testimony" Section 210.00. Testimony means an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized by law to conduct such proceeding and to administer the oath or cause it to be administered. (read more)
NYS Penal Law Definition of the Week - November 19, 2012
♦ "Oath" Section 210.00. Oath includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. (read more)
NYS Penal Law Definition of the Week - November 12, 2012
♦ "Affirmative Defense" Section 25.00. When a defense declared by statute to be an "affirmative defense" is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence. (read more)
NYS Penal Law Definition of the Week - November 5, 2012
♦ "Intentionally" Section 15.05. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct. (read more)
NYS Penal Law Definition of the Week - October 29, 2012
♦ "Criminal Negligence" Section 15.05. A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. (read more)
NYS Penal Law Definition of the Week - October 22, 2012
♦ "Recklessly" Section 15.05. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto. (read more)
NYS Penal Law Definition of the Week - October 15, 2012
♦ "Knowingly" Section 15.05. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. (read more)
NYS Penal Law Definition of the Week - October 8, 2012
♦ "Resisting Arrest Prohibited" Section 35.27. Justification; use of physical force in resisting arrest prohibited. A person may not use physical force to resist an arrest, whether authorized or unauthorized, which is being effected or attempted by a police officer or peace officer when it would reasonably appear that the latter is a police officer or peace officer. (read more)
NYS Penal Law Definition of the Week - October 1, 2012
♦ "Intentionally" Section 15.05. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct. (read more)
NYS Penal Law Definition of the Week - September 24, 2012
♦ "Falsely alter" Section 170.00. A person "falsely alters" a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer. (read more)
NYS Penal Law Definition of the Week - September 17, 2012
♦ "Forged Instrument" Section 170.00. means a written instrument which has been falsely made, completed or altered. (read more)
NYS Penal Law Definition of the Week - September 10, 2012
♦ "Abduct" Section 135.00. means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force. (read more)
NYS Penal Law Definition of the Week - September 3, 2012
♦ "Restrain" Section 135.00. means to restrict a person's movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined "without consent" when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement. (read more)
NYS Penal Law Definition of the Week - August 27, 2012
♦ "Vehicle" Section 10.00. means a "motor vehicle", "trailer" or "semi-trailer," as defined in the vehicle and traffic law, any snowmobile as defined in the parks and recreation law, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail. (read more)
NYS Penal Law Definition of the Week - August 20, 2012
♦ "Possess" Section 10.00. means to have physical possession or otherwise to exercise dominion or control over tangible property. (read more)
NYS Penal Law Definition of the Week - August 13, 2012
♦ "Switchblade Knife" Section 265.00. means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. (read more)
NYS Penal Law Definition of the Week - August 6, 2012
♦ "Gravity Knife" Section 265.00. means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device. (read more)
NYS Penal Law Definition of the Week - July 30, 2012
♦ "Disseminating a false registered sex offender notice" Section 240.48. A person is guilty of disseminating a false registered sex offender notice when, knowing the information he or she disseminates or causes to be disseminated to be false or baseless, such person disseminates or causes to be disseminated any notice which purports to be an official notice from a government agency or a law enforcement agency and such notice asserts that an individual is a registered sex offender. (read more)
NYS Penal Law Definition of the Week - July 23, 2012
♦ "Attempt to commit a crime" Section 110.00. A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime. (read more)
NYS Penal Law Definition of the Week - July 16, 2012
♦ "Gang Assault in the second degree" Section 120.06. A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person. Class C Felony (read more)
NYS Penal Law Definition of the Week - July 9, 2012
♦ "Prostitution" Section 230.00. A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Class B Misdemeanor (read more)
NYS Penal Law Definition of the Week - July 2, 2012
♦ "Forgery in the third degree" Section 170.05. A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument. Class A Misdemeanor (read more)
NYS Penal Law Definition of the Week - June 25, 2012
♦ "Arson in the fifth degree" Section 150.01. A person is guilty of arson in the fifth degree when he or she intentionally damages property of another without consent of the owner by intentionally starting a fire or causing an explosion. Class A Misdemeanor (read more)
NYS Penal Law Definition of the Week - June 18, 2012
♦ "Assault in the third degree" A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Class A Misdemeanor (read more)
NYS Penal Law Definition of the Week - June 11, 2012
♦ "Reckless Endangerment in the second degree" A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. Class A Misdemeanor (read more)
NYS Penal Law Definition of the Week - June 4, 2012
♦ "Unlawful Possession of Marihuana" A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Violation (read more)
NYS Penal Law Definition of the Week - May 28, 2012
♦ "Disorderly Conduct" A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Violation (read more)
NYS Penal Law Definition of the Week - May 21, 2012
♦ "Menacing Third Degree" A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury. Class A Misdemeanor (read more)
NYS Penal Law Definition of the Week - May 14, 2012
♦ "Harassment in the first degree" A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury... Class B Misdemeanor (read more)
NYS Penal Law Definition of the Week - May 7, 2012
♦ "Public Place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.(read more)
NYS Criminal Procedure Law Definition of the Week - April 30, 2012
♦ "Appearance Ticket" An appearance ticket is a written notice issued and subscribed by a police officer or other public servant authorized by state law or local law enacted pursuant to the provisions of the municipal home rule law to issue the same, directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense...(read more)
NYS Criminal Procedure Law Definition of the Week - April 23, 2012
♦ "Warrant of Arrest" A warrant of arrest is a process issued by a local criminal court directing a police officer to arrest a defendant designated in an accusatory instrument filed with such court and to bring him before such court in connection with such instrument. The sole function of a warrant of arrest is to achieve a defendant's court appearance in a criminal action for the purpose of arraignment upon the accusatory instrument by which such action was commenced. (read more)
NYS Penal Law Definition of the Week - April 16, 2012
♦ "Graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property. (read more)
NYS Penal Law Definition of the Week - April 9, 2012
Forgery ♦ "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person. (read more)
NYS Penal Law Definition of the Week - April 2, 2012
♦ "Petit Larceny" A person is guilty of petit larceny when he steals property. (read more)
NYS Penal Law Definition of the Week - March 26, 2012
♦ "Dangerous Instrument" means any instrument, article or substance, including a "vehicle", which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury. (read more)
NYS Penal Law Definition of the Week - March 19, 2012
♦ "Burglary" A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. (read more)
NYS Penal Law Definition of the Week - March 12, 2012
♦ "Enter or remain unlawfully" A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. (read more)
NYS Penal Law Definitions of the Week - March 5, 2012
♦ "Premises" includes the term "building," as defined herein, and any real property.
♦ "Building" in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer. (read more)
NYS Penal Law Definitions of the Week - February 27, 2012
♦ "Dwelling" means a building which is usually occupied by a person lodging therein at night.
♦ "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise. (read more)
NYS Penal Law Definition of the Week - February 20, 2012
♦ "Trespass" A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. (read more)
NYS Penal Law Definition of the Week - February 13, 2012
♦ "Robbery" Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:
1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny. (read more)
NYS Penal Law Definition of the Week - February 06, 2012
♦ "Deadly physical force" means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury. (read more)
NYS Penal Law Definition of the Week - January 30, 2012
♦ "Deadly weapon" means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. (read more)
NYS Penal Law Definitions of the Week - January 23, 2012
♦ "Physical injury" means impairment of physical condition or substantial pain.
♦ "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.(read more)
NYS Penal Law Definition of the Week - January 16, 2012
♦ "Larceny" A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof. (read more)
NYS Penal Law Definitions of the Week - January 9, 2012
♦ "Violation" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed.
♦ "Misdemeanor" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.
♦ "Felony" means an offense for which a sentence to a term of imprisonment in excess of one year may be imposed.
♦ "Crime" means a misdemeanor or a felony.
NYS Penal Law Definition of the Week - January 2, 2012
♦ "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.
Alternate NYS Law Web Sites: CityofYonkers.org, CityofYonkersPolice.com, CityofYonkersPolice.org, JMBwebdesigns.com, YonkersPD.org, YonkersPolice.com, YonkersPolice.org