What is the test for applying the rule of lenity in a criminal context?
"New York", United States of America
The following excerpt is from People v. Badji, 142 N.Y.S.3d 128, 165 N.E.3d 1068, 36 N.Y.3d 393 (N.Y. 2021):
Finally, defendant seeks to invoke the rule of lenity, asserting that, whenever there are two "plausible" readings of a criminal statute, a reading more favorable to the defendant must be adopted (see People v. Green, 68 N.Y.2d 151, 153, 506 N.Y.S.2d 298, 497 N.E.2d 665 [1986] ). This paraphrasing of the rule of lenity omits significant elements of the analysis. Although ambiguity in a criminal
[165 N.E.3d 1076]
[142 N.Y.S.3d 136]
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