People v. Urena

OPINION OF THE COURT

Karen Gopee, J.

Defendant seeks dismissal of Administrative Code of the City of New York § 19-190, a statute enacted as part of Mayor de Blasio’s Vision Zero initiative, on both state and federal constitutional grounds. Defendant asserts that Administrative Code § 19-190: (1) is preempted by the Vehicle and Traffic Law, (2) is preempted by the Penal Law and (3) denies the defend*980ant’s due process rights by imposing a “civil” negligence due care standard. Specifically, she alleges that criminal statutes require some degree of mental or moral culpability, that strict liability…