N.Y. General Obligations Law 12-106 – Scope of defendant's liability established
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§ 12-106. Scope of defendant's liability established. A person shall be deemed to have affected a target community based upon the following grades of offenses:
Terms Used In N.Y. General Obligations Law 12-106
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grade one violation: means possession of one-quarter ounce or more, but less than four ounces, or distribution of less than one ounce of an illegal drug. See N.Y. General Obligations Law 12-102
- Grade three violation: means possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a specified illegal drug. See N.Y. General Obligations Law 12-102
- Grade two violation: means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of an illegal drug. See N.Y. General Obligations Law 12-102
- Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. General Obligations Law 12-102
- Place of participation: means , in relation to a defendant in an action brought under this article, each county in which such defendant is alleged to have participated in a drug market or in which such defendant resides, attends school, or is employed during the period of the participation in a drug market by such defendant. See N.Y. General Obligations Law 12-102
1. For a grade one violation, the county in which the place of participation by the defendant is situated;
2. For a grade two violation, the community described in subdivision one of this section along with all counties with a border contiguous to such community;
3. For a grade three violation, the community described in subdivision two of this section plus all counties with a border contiguous to such community; and
4. For a level four offense, the entire state.