In what circumstances will a defendant plead not guilty to a claim that the provisions of the New York State Criminal Code apply to a defendant who has not been convicted of any criminal charges under the same statutes?
"New York", United States of America
The following excerpt is from Culhane v. State, 180 Misc.2d 61, 687 N.Y.S.2d 542 (N.Y. Ct. Cl. 1999):
In the interests of fairness and the avoidance of surprise, the statutes' applicability should be pleaded by defendant as an affirmative defense (cf., McDonald v. State of New York, 176 Misc.2d 130, 673 N.Y.S.2d 512, supra ).
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