Filed Date: 6/25/1976
Status: Precedential
Modified Date: 7/5/2016
HON. JAMES A. HAYNES, JR. County Attorney, Chenango County
We acknowledge receipt of your letter inquiring whether the prohibition against an interest in the manufacture or sale of alcoholic beverages, which is set forth in Alcoholic Beverage Control Law, §
Alcoholic Beverage Control Law, §
"1. It shall be unlawful for any police commissioner, police inspector, captain, sergeant, roundsman, patrolman or other police official or subordinate of any police department in the several villages, towns and cities of this state, to be either directly or indirectly interested in the manufacture or sale of alcoholic beverages or to offer for sale, or recommend to any licensee any alcoholic beverages. The solicitation or recommendation made to any licensee, to purchase any alcoholic beverages by any police official or subordinate as hereinabove described, shall be presumptive evidence of the interest of such official or subordinate in the manufacture or sale of alcoholic beverages."
The term "peace officer" and the term "police officer" are defined in Criminal Procedure Law, §
Under Agriculture and Markets Law, §
In our opinion, a dog warden has the powers of a constable or other peace officer in executing the appropriate provisions of the Agriculture and Markets Law but is not a constable or peace officer.
Vehicle and Traffic Law, §
"§ 132. Police officer. Every member of the state police and every duly designated peace officer."
In our opinion, for the purposes of Vehicle and Traffic Law, every duly designated "peace officer" is a "police officer", but this definition of "police officer" as encompassing all duly designated "peace officers" is restricted to the ambit of the Vehicle and Traffic Law.
In our opinion, although a town constable who is a "peace officer" is, for the purposes of the Vehicle and Traffic Law classified as a "police officer", it is for the purposes of that law only.
In our opinion, for the purposes contemplated in Alcoholic Beverage Control Law, §
The Criminal Procedure Law does not require a county clerk to file certificates of conviction.
Dated: July 8, 1976 HON. RAYMOND F. LOUCKS County Attorney, Schenectady County
This is in reply to the recent letter from your office asking if the Criminal Procedure Law requires a county clerk to file certificates of conviction. It was noted in the letter that the former Code of Criminal Procedure required such filing; it was also noted that the Criminal Procedure Law contained no like provision.
Section 723 of the former Code of Criminal Procedure provided:
"Certificate, when filed
"Within twenty days after the conviction, the court must cause the certificate to be filed in the office of the county."
Criminal Procedure Law (ch. 996, amended by ch. 997, Laws of 1970, with effective date of September 1, 1971) replaced the Code of Criminal Procedure. The distribution table preceding the Criminal Procedure Law shows that Code section 723 was omitted from the Criminal Procedure Law (11 A McKinney's Cons. Laws of N Y Ann., XLIX). No similar provision can be found in any other body of law.
CPL §
We are of the opinion, therefore, that a county clerk is not required to file certificates of conviction.