When this was first brought to my attention earlier today - even before it hit FR, I was jumped on for trying to tell others the judge was correct. Fortunately, in that case I prevailed and everyone finally realized what I was saying.
The opinion actually provides the simplest means of correcting the problem because that language can easily be incorporated into the current NY statute. Draft language will be on the desk of a state Senator in the morning, if not before.
As I said to those in the conversation, it would be political suicide for anyone to oppose it - even in NY.
And the bigger irony is, it does not look like anybody has actually skated through the loop hole, such as it was. It was only a technical defeat and the accused is being penalized no differently.
Perhaps legislators hesitated to fix it in advance of the decision for fear of making the courts more readily believe the old version was flawed, but even then by George something should have been in the NY Assembly’s pocket to whip out in such an event. Great kudos to Gabz and her friends for rushing into the gap, in any event, and doing things properly, even though this Chinese fire drill shouldn’t have been needed.