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PEOPLE v. FRIEDMAN

302 N.Y. 75 (1950)

The People of the State of New York, Respondent, v. Sam Friedman, Appellant. The People of the State of New York, Respondent, v. Sam Praska, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1950

Attorney(s) appearing for the Case

Leo Pfeffer and Will Maslow for appellants.

Will Maslow and Joseph B. Robison for American Jewish Congress and others, amici curiæ, in support of appellants' position.

Frank E. Karelsen, Jr., Mary Gardiner Jones and Richard H. Baker for American Civil Liberties Union, amicus curiæ, in support of appellants' position.

Frank S. Hogan, District Attorney (Edwin C. Hoyt, Jr., of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

In the light of its historical background, section 2144 of the Penal Law may not reasonably be read into section 2147, dealing with "public selling * * * upon Sunday" (L. 1785-1788, Vol. 2, pp. 679-680; 1 Rev. Stat of N. Y., 1828 [1st ed.], part I, ch. XX, tit. VIII, art. 8, pp. 675-676; ibid. 1836 [2d ed.], Vol. 1, p. 675; ibid. 1845 [3d ed.], Vol. 1, pp. 849-850; ibid. 1851 [4th ed...

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