Does a section of the New York State Code of Civil Procedure have to be read in a way that preserves the constitutionality of the statute in its current form?
"New York", United States of America
The following excerpt is from People v. Putland, 102 Misc.2d 517, 423 N.Y.S.2d 999 (N.Y. Cty. Ct. 1979):
7 Indeed, if the court agreed with defendant's claim that the statute involves an infringement on the separation of powers, the provisions under attack may, and should, be read in a way that preserves constitutionality here, by deciding whether removal, if authorized, would be appropriate (People v. Kaiser, 21 N.Y.2d 86, 103, 286 N.Y.S.2d 801, 815, 233 N.E.2d 818, 828).
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