Google news didn't catch this one. Where does it go from here? Does it mean vaping in public places is legal in NY or NYC until a new law or ordinance is enacted?
I'm sure what Laws NYC has that Specifically make Statuary Mention of e-Cigarettes Use on public places?
But here is the Judges Opinion in this case of People v Thomas.
Count 3: PUBLIC HEALTH LAW SMOKING RESTRICTIONS
The complaint states that defendant was observed "smoking an electronic vapor cigarette" on the "northbound platform of the Nevins Street subway station on the 2/3 line . . . which is not a designated smoking area."
For this conduct, defendant is charged in the third count of the information under "PHL 1399 (l)." In fact, there is no such provision.[FN4] Article 13-E of the New York State Public Health Law (§ 1399-n et seq.) addresses the Regulation of Smoking in Public and Work Places. Both the title of the charged offense ("Smoking Restrictions") and the facts relied on in the information before this Court make it plain that defendant is charged with a violation of Public Health Law § 1399-o (1), and the omission of the "-o" is an error that could, theoretically, be cured by amendment (People v Norman, 1 Misc 3d 127[A], 2003 NY Slip Op 51537 [App Term, 2d Dept, 9th and 10th Jud Dists, 2003]). Correction of the statute number would not salvage this accusatory instrument, however.
Public Health Law § 1399-o (1) (e) provides that:
Smoking shall not be permitted and no person shall smoke in the following indoor areas: . . . public means of mass transportation, including subways, underground subway [*6]stations . . .
Essential to this provision is the term "smoking," which is defined in PHL § 1399-n (8):
"Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
An electronic cigarette neither burns nor contains tobacco. Instead, the use of such a device, which is commonly referred to as "vaping," involves "the inhalation of vapourized e-cigarette liquid consisting of water, nicotine, a base of propylene glycol or vegetable glycerin and occasionally, flavouring."[FN5] This does not fit within the definition of "smoking" under PHL § 1399-o.
The People contend that no specific prohibition on electronic cigarettes is necessary because "the courts of New York have yet to make a determination as to whether electronic cigarettes are to be viewed any differently under these sections than tobacco cigarettes" (P's Opposition p. 6). But this is precisely backward. There are no "common law" crimes in New York; this court has jurisdiction only over actions brought pursuant to statutory prohibitions, and only where the accusatory instrument makes out every element of the offense as it is defined by statute (see Penal Law § 1.05 [3]; CPL 170.35 [1] [a], ). Moreover, it is well established that "laws which create crime ought to be so explicit that all men subject to their penalties may know what acts it is their duty to avoid" (People v Grogan, 260 NY 138, 145 [1932] [citations omitted]).
The legislative body of New York City has taken measures to address this issue. Since April 29, 2014, it has been illegal under New York City's Smoke Free Air Act to use electronic cigarettes in certain public places.[FN6] The New York State legislature is also well aware that the Public Health Law does not currently prohibit the use of electronic cigarettes. Indeed, on June 18, 2015, ten days after the occurrence alleged in this case, the New York State Assembly approved Bill A05955, a bill to amend PHL § 1399-o to "[m]ake[] the restrictions relating to smoking in public areas applicable to electronic cigarettes." That bill died in the state Senate, however, and was returned to the Assembly on January 6, 2016.[FN7]
The charge of violation of smoking restrictions under the New York State Public Health Law is facially insufficient."
People v Thomas
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So what the Judge basically said was that the Court did not have Jurisdiction over the Defendant in Count #3 because there was no Statutory Prohibition that had been Violated. ie: No Law or Code was Violated.
or just stop reading my posts. (there are some, I know 
)
