Defendant is charged with Sabbath breaking in violation of section 2147 of the Penal Law, in that he engaged in the sale of a monument on Sunday, January 5, 1958, in his place of business at Astoria. Defendant admits the sale and sets up the defense that the sale of a monument is a "work of necessity" in a trade and permissible under section 2146 of the Penal Law.
Subdivision 4 of section 2147 reads in part:
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