What is the test for establishing 'scienter' in a play?
"New York", United States of America
The following excerpt is from People v. Bercowitz, 308 N.Y.S.2d 1, 61 Misc.2d 974 (N.Y. City Ct. 1970):
( b) It is argued that the prosecutor failed to establish 'scienter' (cf. People v. Finkelstein, 9 N.Y.2d 342, 214 N.Y.S.2d 363, 174 N.E.2d 470 (1961)). But the production and performance of this live play by all the defendants would appear to leave little of that argument.
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