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PATROLMEN'S v. CITY OF NY

653550/13, 219, M-6484, M-6494.

142 A.D.3d 53 (2016)

35 N.Y.S.3d 314

PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 23, 2016.

Attorney(s) appearing for the Case

Dechert LLP, New York City ( James M. McGuire and Paul C. Kingsbery of counsel), and Nancy Picknally , New York City ( Michael T. Murray of counsel), for Patrolmen's Benevolent Association of the City of New York, Inc., appellant.

DLA Piper LLP (US), New York City ( Anthony P. Coles , Courtney G. Saleski and Adam D. Brown of counsel), for Sergeants Benevolent Association, appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Jeremy W. Shweder , Richard Dearing and Cecelia Chang of counsel), for respondents.

MAZZARELLI, J.P., MOSKOWITZ and GISCHE, JJ., concur.

OPINION OF THE COURT

The question presented is whether Local Law No. 71 (2013) of City of NY (Local Law 71), which prohibits discriminatory policing in New York City, is preempted by the Criminal Procedure Law. We hold that the CPL does not preempt the local law for two main reasons: first, the two laws occupy different legislative...

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