Patrolmen's Benevolent Assn. of the City of New York, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The question presented is whether Local Law No. 71 (2013) of City of NY (Local Law 71), which prohibits discriminatory policing in New York City, is preempted by the Criminal Procedure Law. We hold that the CPL does not preempt the local law for two main reasons: first, the two laws occupy different legislative fields (criminal procedure and antidiscrimination); and second, there is no direct conflict between them. We have great respect and appreciation for the important contributions of police officers who enforce our laws and protect us all daily at risk to…
2Cases cited23 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Whren v. United StatesSupreme Court of the United States · 1996
- United States v. CortezSupreme Court of the United States · 1981
- People v. De BourNew York Court of Appeals · 1976
- New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
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