Rose v. Allegany County

Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred by concluding that article 12 of the Correction Law applies only in counties with populations of one million or more. The court applied a grammatical construction to arrive at that result, but a grammatical construction is never "to be followed when it leads away from the legislative intent” (McKinney’s Cons Laws of NY, Book 1, Statutes § 254, at 419). The legislative history of article 12 leaves no doubt that it was meant to apply to all counties regardless of population (see,…