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I was mistaken on the link - my comment was https://news.ycombinator.com/item?id=35381723 (alas, lazy clipboarding and not double checking)

Page 18 of ALITO, J., dissenting. It is on page 82 of the pdf overall.

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It might be interesting to argue whether taking public office as the president counts towards residency requirements. I don't know if it counts for statute of limitations, but for instance military members are still considered resident of their state when on duty elsewhere.

The intent of that provision in NY law is so that if someone is trying to run out the clock for NY state by being outside of its jurisdiction and ability to indict them doesn't get a free pass.

The question will be "is it literally 'being outside of New York' or is it 'being outside the jurisdiction New York, of which assuming the role of POTUS is example of'?"

Seems like something that will undoubtedly get litigated. Not to say this should dissuade justice, but this is going to be remarkably expensive for the people of New York.

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