New York Laws
Title 7 - Offenses, Violations and Enforcement
3396 - Violations; Penalties.

§ 3396. Violations; penalties. 1. In any civil, criminal or
administrative action or proceeding brought for the enforcement of any
provision of this article, it shall not be necessary to negate or
disprove any exception, excuse, proviso or exemption contained in this
article, and the burden of proof of any such exception, excuse, proviso,
or exemption shall be upon the person claiming its benefit.

2. Violation of any provision of this article for which a penalty is
specifically provided herein shall be punishable as provided herein.
Violation of any provision of this article for which no penalty is
provided herein shall be punishable as provided in section twelve-b of
article one of this chapter or in the penal law.

3. No person shall be prosecuted for a violation of any provision of
this article if such person has been acquitted or convicted under the
federal controlled substances act, of the same act or omission which, it
is alleged, constitutes a violation of this article.

4. Upon the conviction of any person for violating any provision of
this article, a copy of the judgment and sentence, and of the opinion of
the court or judge, if any opinion be filed, shall be sent by the clerk
of the court, or by the judge, to the board or officer, if any, by whom
the convicted defendant has been licensed or registered to practice his
profession, or to carry on his business.

5. Upon the imposition of any penalty, warning, reprimand or other
sanction against any person for violating any provision of this article,
a copy of the order, finding or opinion, if any is made or rendered,
shall be sent by the person authorized by law to make such
determination, to the board or officer by whom the respondent is
licensed or registered to practice a profession or to carry on a
business.