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Jurisdiction

Last updated February 16, 2010

State Has Jurisdiction Through Federal Acts Other Than Public Law 280

State criminal jurisdiction and state civil jurisdiction has been conferred over all reservations in New York - 25 U.S.C. § 232 (ch. 809, 62 Stat. 1224, Apr. 2, 1948) and 25 U.S.C. § 233 (ch. 947, 64 Stat. 845, Sept. 13, 1950)

Legislation

25 U.S.C. § 232 (ch. 809, 62 Stat. 1224, Apr. 2, 1948, conferring state criminal jurisdiction over all reservations in the state)

25 U.S.C. § 233 (ch. 947, 64 Stat. 845, Sept. 13, 1950, conferring state civil jurisdiction over all reservations in the state)

Case Law

City of Sherrill v. Oneida Indian Nation, 125 S. Ct. 1478 (2005)

Clinton v. Hill, 772 N.Y.S.2d 634 (App. Div. 2004)

Bowen v. Doyle, 880 F. Supp. 99 (W.D.N.Y. 1995), aff’d, 230 F.2d 525 (2d Cir. 2000)

Dep’t of Taxation & Finance of N.Y. v. Milhelm Attea & Bros., Inc., 512 U.S. 61 (1994)

United States v. Markiewicz, 978 F.2d 786 (2d Cir. 1992)

United States v. Cook, 922 F.2d 1926 (2d Cir. 1991)

United States v. Burns, 725 F. Supp. 116 (N.D.N.Y. 1989)

People v. Boots, 434 N.Y.S.2d 850 (N.Y. Co. Ct. 1980)

People v. Edwards, 432 N.Y.S.2d 567 (A.Div. 1980)

People v. Cook, 365 N.Y.S.2d 611 (Onondaga County Ct. 1975)

People v. Redeye, 358 N.Y.S.2d 632 (1974)

Bennet v. Fink Construction Co., 262 N.Y.S.2d 331 (Sup. Ct. 1965)

People ex rel. Ray v. Martin, 326 U.S. 496 (1946)

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