In People v. Archer, 237 N.Y.L.J. 97, May 3, 2007, at 19, col 1, the Information alleged that defendant was "walking through the subway cars while the train was in motion creating a harmful act to himself and other passengers." Defendant was also charged with resisting arrest for allegedly flailing his arms to prevent being handcuffed. The court found "the language of the statute 'except in an emergency or when directed to do so by an authority conductor...' to be an exception and not a proviso since it is clear and unambiguous, found within the statute itself, narrow in scope, and not overly burdensome to negate." Id.