2014 New York Laws
EPT - Estates, Powers & Trusts
Article 6 - CLASSIFICATION, CREATION, DEFINITION OF, AND RULES GOVERNING ESTATES IN PROPERTY
Part 6 - (6-6.1 - 6-6.7) DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH
6-6.3 - Disposition upon death

6-6.3 Disposition upon death
Upon  the death of a married person, one-half of the property to which
  this part applies is the property of the surviving  spouse  and  is  not
  subject  to  testamentary disposition by the decedent nor to the laws of
  descent and distribution. One-half of that property is the  property  of
  the  decedent and is subject to testamentary disposition by the decedent
  or the law of descent and distribution.  With  respect  to  property  to
  which  this  part  applies,  the  one-half  of the property which is the
  property of the decedent is not subject to the surviving spouse's  right
  to elect against the will.