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PEOPLE v. BLOUNT

90 N.Y.2d 998 (1997)

688 N.E.2d 500

665 N.Y.S.2d 626

The People of the State of New York, Respondent, v. William Blount, Appellant. The People of the State of New York, Respondent, v. Hector Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1997.

Attorney(s) appearing for the Case

James S. Baier, Auburn, for appellants.

James B. Vargason, District Attorney of Cayuga County, Auburn (Jon E. Budelmann of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed.

Defendants did not meet their heavy burden of establishing that they were victims of unconstitutional selective enforcement of the penal laws. To establish such a claim, a litigant must show that the law was enforced with both an "unequal hand" and an "evil eye"; "to wit, there must be not only a showing that the law was not applied to...

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