Home / Statutes / 6NYCRR 40.1

6NYCRR 40.1 — Take/Process Under/Over Sized Fish

Violation · 581 cases across 3 counties · 2024–2025

Under 6NYCRR § 40.1 (Take/Process Under/Over Sized Fish), 10.6% of 581 cases statewide were dismissed and 89.4% resulted in conviction, based on 2024–2025 OCA arraignment data across 3 New York counties.

Dismissal rate includes judicial dismissals and cases dismissed in the interest of justice. Conviction rate includes guilty pleas and findings of guilt at trial. Take/Process Under/Over Sized Fish is classified as a Violation under New York law. Data sourced from the NYS Office of Court Administration (OCA) STAT Act. Covers criminal court arraignments in 2024–2025, updated monthly. Last updated: March 2026

581
Total Cases
10.6%
Dismissal Rate
89.4%
Conviction Rate
3
Counties

See also: All Other charges (DCJS data, 2019–2024) for pretrial release, bail, and charge reduction data.

What the Data Shows

Take/Process Under/Over Sized Fish (6NYCRR § 40.1) is a Violation under New York law. Based on 581 arraignments across 3 counties in 2024–2025:

  • Dismissal rate: 10.6% of cases are dismissed statewide, though rates vary significantly by county
  • Conviction rate: 89.4% of cases result in conviction, including guilty pleas and trial verdicts
  • Geographic variation: Click any county below for specific fines, sentencing breakdowns, and dismissal reasons

These statistics reflect aggregate outcomes and do not predict individual case results. For legal guidance, consult a licensed New York attorney.

Outcomes by County

County Cases Dismissal Rate Conviction Rate
Suffolk 375 9.4% 90.6%
Nassau 186 3.2% 96.8%
Westchester 20 100.0% 0.0%

Common Questions

Statistics from public court records for informational purposes only. Not legal advice. Past outcomes do not predict future results.

6NYCRR 40.1 is the New York statute for Take/Process Under/Over Sized Fish, classified as a Violation. Based on 581 arraignments in 2024–2025, 10.6% of cases are dismissed and 89.4% result in conviction.
Outcomes for Take/Process Under/Over Sized Fish vary across 3 New York counties. Click any county in the table above for detailed statistics including sentencing, fines, and demographic breakdowns.
This data comes from the New York State Office of Court Administration (OCA) STAT Act data, covering criminal court arraignments in 2024–2025. The data is updated monthly, generally on the 6th of each month. For guidance on your case, consult a licensed New York attorney.

Data source: NYS OCA-STAT Act (2024–2025). 581 cases analyzed. Last updated March 2026. — NewYorkCourtFile.com

Next Step

Facing a Take/Process Under/Over Sized Fish charge? Get connected with a defense attorney experienced with 6NYCRR 40.1 cases.

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