People v. NYRA & Barterama, Inc.

OPINION OF THE COURT

Bonnie Wittner, J.

The defendants are charged with violations of New York City Zoning Resolution § 32-41 by operating an open-air flea market on the parking lot of Aqueduct Racetrack in the County of Queens, pursuant to Administrative Code of the City of New York §§ 643a-12.0, C26-87.0.

The defendants move for a dismissal of the instant accusatory instruments on the following grounds:

1) The defendants’ constitutional rights to equal protection of law under US Constitution, 14th Amendment, and NY Constitution, article I, § 11 have been violated by the city’s selective…