§ 6514 — Criminal proceedings

New York § 6514

• Jurisdiction: New York
• Law EDN: Education
• Title 8: The Professions
• Art. 130*: General Provisions

Text

§ 6514. Criminal proceedings. 1. All alleged violations of sections\nsixty-five hundred twelve or sixty-five hundred thirteen of this article\nshall be reported to the department which shall cause an investigation\nto be instituted. All alleged violations of section sixty-five hundred\nthirty-one of the education law shall be reported to the department of\nhealth which shall cause an investigation to be instituted. If the\ninvestigation substantiates that violations exist, such violations shall\nbe reported to the attorney general with a request for prosecution.\n 2. The attorney general shall prosecute such alleged offenses in the\nname of the state, provided, however, in the event of alleged violations\nof article one hundred fifty-five of this title, a district attorney may\nprosecute such alleged offenses in the name of the state provided,\nhowever, that any district attorney may prosecute such offenses where\nthey are incidental to a criminal prosecution instituted by him under\nother statutes.\n 3. All criminal courts having jurisdiction over misdemeanors are\nhereby empowered to hear, try and determine alleged violations under\nthis title, which constitute misdemeanors, without indictment and to\nimpose applicable punishment of fines or imprisonments or both. It shall\nbe necessary to prove in any prosecution under this title only a single\nprohibited act or a single holding out without proving a general course\nof conduct.\n 4. A proceeding before a committee on professional conduct shall not\nbe deemed to be a criminal proceeding within the meaning of this\nsection.\n