PEOPLE v. BERKOWITZ


54 Misc.2d 156 (1967)

The People of the State of New York, Plaintiff, v. Ernest Berkowitz, Defendant.

City Court of Utica, Oneida County.

February 14, 1967


Attorney(s) appearing for the Case

Abelove & Myers (Milton Abelove of counsel), for defendant. Arthur A. Darrigrand, District Attorney (Davies Johnson of counsel), for plaintiff.


HAROLD H. HYMES, J.

The defendant has been arraigned upon an information charging him with violating the Sabbath Law (Penal Law, § 2147). This is a motion by the defendant to dismiss this information on the grounds (1) that the item of merchandise which was alleged to have been sold was excepted under subdivision 4 of section 2147, and (2) that section 2147 of the Penal Law is unconstitutional because it is vague and ambiguous.

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