Legal Opinion
Opn. No.
New York Attorney General Reports
Decided March 6, 1978Published
1Opinion of the Court
Hon. D. Bruce Crew III District Attorney, Chemung County
This is in response to your letter of February 9, 1978, requesting our opinion as to the situations covered by sections 377, subd 1 and 380-a, subd 1 of the Vehicle and Traffic Law.
The above statutes are penal in nature, since violation of one results in either a fine or imprisonment or both. Penal statutes are to be construed strictly or narrowly against the person seeking their enforcement. McKinney's Cons. Laws of NY, Book 1; Statutes, § 271(a). This is especially true when acts which are not malum in se are to result in the loss of…
2Cases cited4 opinions
- Delany v. Central Valley Golf Club, Inc.New York Court of Appeals · 1942
- Delany v. Central Valley Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1941
- Matter of Standard Food Products Corp. v. O'ConnellNew York Court of Appeals · 1946
- In re WhiteNew York Family Court · 1969