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PEOPLE v. KAPLAN

8 A.D.2d 163 (1959)

The People of the State of New York, Respondent, v. Ira Kaplan, Appellant

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

June 11, 1959.

Attorney(s) appearing for the Case

Wilmurt B. Linker of counsel (Arthur E. Friedland, attorney), for appellant.

Irving Anolik of counsel (Daniel V. Sullivan, District Attorney, attorney), for respondent.

BOTEIN, P. J., and VALENTE, J., concur with RABIN, J.; BREITEL, J., dissents in opinion in which McNALLY, J., concurs.

RABIN, J.

On this appeal there is once more before us the question of whether the operation on Sunday of a self-service automatic coin-operated laundry comes within the proscription of article 192 of the Penal Law, which contains the "Sabbath" laws. We recently held in People v. Gwyer (7 A.D.2d 711) that such an operation did not violate section 2147 of article 192 which...

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