PEOPLE v. UTICA DAW'S DRUG CO.


16 A.D.2d 12 (1962)

The People of the State of New York, Respondent, v. Utica Daw's Drug Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 22, 1962.


Attorney(s) appearing for the Case

Abelove & Myers (Milton A. Abelove and Rocco S. Mascaro of counsel), for appellant.

Arthur A. Darrigrand, District Attorney, for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN and HENRY, JJ., concur.


HALPERN, 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...

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