Legal Opinion
People v. Blount
New York Court of Appeals
Decided October 28, 1997PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division in each case should be affirmed.
Defendants did not meet their heavy burden of establishing that they were victims of unconstitutional selective enforcement of the penal laws. To establish such a claim, a litigant must show that the law was enforced with both an "unequal hand” and an "evil eye”; "to wit, there must be not only a showing that the law was not applied to others similarly situated but also that the selective application of the law was deliberately based upon an impermissible standard such as race, religion or some…
2Cases cited3 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Oyler v. BolesSupreme Court of the United States · 1962
- 303 West 42nd Street Corp. v. KleinNew York Court of Appeals · 1979
3Cited by17 opinions
- People v. WelchAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Call-A-Head Portable Toilets, Inc. v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2023
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CasterNew York Supreme Court · 2011
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 2015
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