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Court of Appeals – Preemption of state law: People v. Torres; People v. Lewis

New York State Court of Appeals Preemption of state law Stricter penalties – Constitutionality – Mens rea People v. Torres; People v. Lewis Nos. 52 & 53 Judge Garcia Background: Both defendants were convicted for violating the New York City Right of Way Law. On appeal they each argue that the statute, which makes it a misdemeanor for a driver, while ...