PEOPLE v. BENNETT


201 A.D.2d 440 (1994)

608 N.Y.S.2d 166

The People of the State of New York, Respondent, v. Gregory Bennett, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1994


The indictment was not required to allege the inapplicability of any exemptions from the licensing requirement (People v Devinny, 227 N.Y. 397, 400-401), and, in any event, the indictment specifically alleged that defendant performed duties as a hospital resident "for which a license is required". As for defendant's claim that he was, indeed, exempt from the licensing requirement, "[a]ny issue concerning the proper interpretation or application of the statute was forfeited...

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