What is the test for a defense of unequal enforcement?
"New York", United States of America
The following excerpt is from People v. Benincasa, 313 N.Y.S.2d 211, 63 Misc.2d 648 (N.Y. Vill. Ct. 1970):
On the claim of unequal enforcement, the defendants have failed to establish their contention as a matter of law. There are two requirements for this type of defense. 1. Bad motive; And 2. Nonenforcement as to others similarly situated (People v. Friedman, 302 N.Y. 75, 96 N.E.2d 184; People v. Walker, 14 N.Y.2d 901, 252 N.Y.S.2d 96, 200 N.E.2d 779). (The dissenting opinion of J. Burke in the
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