People v. Utica Daw's Drug Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHalperh, J.
This case presents the question of the proper way in which to deal with a claim by a defendant in a criminal case that the law has been enforced in a discriminatory manner against him in violation of the equal protection clauses of the State and Federal Constitutions.
The defendant maintains a drugstore in the City of Utica, New York, which operates under a policy of selling at reduced prices, generally characteristic of stores known as “ cut-rate ” stores or discount houses. The drugstore is open on Sunday as all drugstores are permitted to be under the Sunday statute (Penal Law, § 2147).…
2Cases cited20 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- McGowan v. MarylandSupreme Court of the United States · 1961
- Shelley v. KraemerSupreme Court of the United States · 1948
- Sorrells v. United StatesSupreme Court of the United States · 1932
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3Cited by94 opinions
- United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister InCourt of Appeals for the Third Circuit · 1973
- Murgia v. Municipal CourtCalifornia Supreme Court · 1975
- United States v. William SteeleCourt of Appeals for the Ninth Circuit · 1972
- 303 West 42nd Street Corp. v. KleinNew York Court of Appeals · 1979
- Bianco v. Town of DarienSupreme Court of Connecticut · 1969
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