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PEOPLE v. ABRAHAMS

40 N.Y.2d 277 (1976)

The People of the State of New York, Respondent, v. Bernard S. Abrahams et al., Defendants, and Louis Fratto, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Marshall L. Brenner and Gary E. Lane for appellant.

John R. King, District Attorney (Bridget R. Rahilly and Jennifer L. VanTuyl of counsel), for respondent.

Warren S. Radler and Kenneth F. Astarita for Twin Fair Distributors Corp., amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and COOKE concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion.

WACHTLER, J.

We have before us once again the problem presented by what are commonly called the Sunday Blue Laws. And while the notion of a quiet Sunday is unquestionably valid in principle, we believe that two of the sections challenged here are constitutionally defective. We refer specifically to the sections dealing with the prohibition against public sales and the...

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