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PEOPLE v. ABRAHAMS

83 Misc.2d 681 (1975)

The People of the State of New York, Appellant, v. Bernard S. Abrahams et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 18, 1975

Attorney(s) appearing for the Case

Albert M. Rosenblatt, District Attorney (Jennifer L. Van Tuyl of counsel), for appellant. Brenner & Gordon (Marshall L. Brenner of counsel), for respondent.

GLICKMAN and PITTONI, JJ., concur. HOGAN, P. J., dissents and votes to affirm the order of dismissal in separate memorandum.

MEMORANDUM.

Order dismissing informations reversed on the law and informations reinstated.

It was error to dismiss the informations charging defendants with violating the Sabbath Laws upon the ground that such laws are unconstitutional (General Business Law, §§ 3-12; see People v L. A. Witherill, 29 N.Y.2d 446, 449; see, also, People v Weston's Shoppers City, 30 N.Y.2d 572

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