People v. D'Angelo

In People v. D'Angelo (284 A.D.2d 146 [1st Dep't 2001], affd on other grounds 98 NY2d 733 [2002] the Court found that "Unlike a true exception ... the reference to labor disputes [in P.L. 215.50(3)] incorporates a lengthy definition of such disputes that is found outside the statute." ( People v. D'Angelo, 284 A.D.2d at 146 .) For this reason, the Court concluded that the statute's reference to labor disputes is a proviso rather than an exception, and therefore, did not have to be specifically alleged in the indictment. ( People v. D'Angelo, 284 A.D.2d at 146-147.)