PEOPLE v. KUPPRAT


6 N.Y.2d 88 (1959)

The People of the State of New York, Appellant, v. John Kupprat, Respondent.

Court of Appeals of the State of New York.

Decided May 28, 1959.


Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for appellant.

Bernard Wolf and David D. Erroll for respondent.

Chief Judge CONWAY and Judges DESMOND, FROESSEL and VAN VOORHIS concur with Judge FULD; Judges DYE and BURKE dissent and vote to affirm for the reason stated in the memorandum in the Appellate Division. (See, also, People v. Dunford, 207 N.Y. 17.)


FULD, J.

The defendant, located quite close to a cemetery, St. Michael's, in Astoria, Queens, manufactures and sells gravestones and monuments. He keeps his office open on Sundays to arrange for the sale of gravestones and, on January 5, 1958, he sold two monuments to two customers, preparing and executing the essential contracts for these sales. He does no manufacturing on Sunday, although customers come to his...

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