# Davis v. State

> Appellate Division of the Supreme Court of the State of New York · October 28, 1976 · 54 A.D.2d 126

URL: https://www.frixlaw.com/law-library/cases/5808537

## Case

- **Full name:** Donnie Davis v. State of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 28, 1976
- **Citations:** 54 A.D.2d 126; 388 N.Y.S.2d 143; 1976 N.Y. App. Div. LEXIS 13735
- **Precedential status:** Published
- **Opinion:** Concurrence by Mahoney
- **Judges:** Larkin, Mahoney
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5808537

## Opinion text

Mahoney, J. (concurring).
We find CPL 720.35 and section 81 of the General Business Law irreconcilable. The latter section destroys the apparent protection of youthful offenders insured by the provisions of the Criminal Procedure Law in the most critical of areas, securing employment. However, we do not feel a claim lies against the State in an instance where, as here, the official charged with the statutory duty of informing licensees of the past records of job applicants, carried out that duty.
We concur in the result only.
Greenblott, J. P., and Reynolds, J., concur with Larkin, J. Sweeney and Mahoney, JJ., concur in the result only in an opinion by Mahoney, J.
Order reversed, on the law, and claim dismissed, without costs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5808537. Public record. Not legal advice.