§ 43. Evidence. The doing of anything prohibited by this chapter\nshall be evidence of the violation of the provisions of this chapter\nrelating to the thing so prohibited, and the omission to do anything\ndirected to be done shall be evidence of a violation of the provisions\nof the chapter relative to the thing so directed to be done. The intent\nof any person doing or omitting to do any such act is immaterial in any\nprosecution for a violation of the provisions of this chapter. Any\nperson who suffers, permits or allows any violation of the provisions of\nthis chapter in any room or building occupied or controlled by him,\nshall be guilty of such violation and liable accordingly. Any person who\nshall keep, store or display any article or product, the manufacture or\nsale of which is prohibited or regulated by this chapter, with other\nmerchandise or stock in his place of business, shall be deemed to have\nthe same in his possession for sale.\n Every certificate, duly signed and acknowledged, of a chemist, analyst\nor other expert employed by the commissioner or any analysis,\nexamination or investigation made by such analyst, chemist or expert\nwith respect to any matter or product which the commissioner has\nauthority to examine or cause to be examined, shall be presumptive\nevidence of the facts therein stated.\n
N.Y. Agric. & Mkts. Law § 43
Evidence
Applied in 4 court decisions — leading case 69 Misc. 3d 128 - People v. Torres (Jose) (2020)
Most recently applied in 74 Misc. 3d 137 - People v. Laccone (Anthony) (April 2022)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.