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PEOPLE v. SCHWEBEL

44 Misc.2d 1035 (1965)

The People of the State of New York, Respondent, v. Philip Schwebel, Appellant.

Supreme Court, Appellate Term, Second Department.

January 20, 1965

Attorney(s) appearing for the Case

Abraham M. Stanger for appellant. Eric L. Keisman, Marvin M. Karpatkin and Milton J. Schubin for American Jewish Congress, amicus curiæ. Edward S. Silver, District Attorney (Raymond J. Scanlon, David Diamond and Harry Brodbar of counsel), for respondent.

RITCHIE, J., concurs in opinion by HART, J.; SCHWARTZWALD, J., dissents in memorandum.

WALTER R. HART, J.

Defendant predicates his defense to the charge of violation of the Sabbath Law statute on the contention that he falls within the exception provided for by section 2147-a of the Penal Law and section E51-1.0 of the Administrative Code of the City of New York which was enacted pursuant to the authority granted to the city by section 2147-a of the Penal Law.

Section 2147-a of the Penal Law provides:

"Local option in certain...

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