[QUOTE=Mtracer;22647405]
Where I live, New Mexico, a few years back there was some proposed legislation to say that cyclist must use a bike path if available. This got shot down rather quickly. /QUOTE]
NY State law states you must use a bike path or bike lane if one is present. I suspect you could argue if the lane or path has structural defects that make it unsafe, but you'd be doing that in front of a judge after receiving the ticket.