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  5. 37 N.Y.2d 326 (1975)
 

PEOPLE v. ACME MKTS.

37 N.Y.2d 326 (1975)

The People of the State of New York, Respondent, v. Acme Markets, Inc., Appellant. The People of the State of New York, Respondent, v. Loblaw, Inc., Owner of Farmer's Market, Appellant. The People of the State of New York, Respondent, v. 2125 Seneca, Inc., Doing Business as B-Kwik, Appellant. The People of the State of New York, Respondent, v. Abbott Road Market, Inc., Doing Business as Wilson Farms, Appellant. The People of the State of New York, Respondent, v. J. C. B. Supermarket, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1975.

Attorney(s) appearing for the Case

Richard F. Griffin and Jeremy V. Cohen for Acme Markets, Inc., appellant.

Robert B. Conklin and Robert W. Keller for remaining appellants.

Edward C. Cosgrove, District Attorney (William E. Balthasar of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and William J. Kogan of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judge COOKE concur with Judge JASEN; Judge WACHTLER concurs in result in a separate opinion in which Judge JONES concurs; Judge FUCHSBERG concurs in both opinions in a separate concurring opinion; Judge GABRIELLI dissents and votes to affirm in an opinion.

JASEN, J.

Defendants appeal from orders of the Erie County Court affirming judgments of conviction under the Sunday sales law. (General Business Law, § 9.) The principal issue, as we would frame it, is whether, with a history of disuse and absent a policy of general enforcement, prosecution at the instance of an interest group for its private purposes constitutes discrimination violative of the equal protection...

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