People v. Kupprat

Anthony M. Livoti, M.

Defendant is charged with Sabbath breaking in violation of section 2147 of the' Penal Law, in that he engaged in the sale of a monument on Sunday, January 5, 1958, in his place of business at Astoria. Defendant admits the sale and sets up the defense that the sale of a monument is a “ work of necessity ” in a trade and permissible under section 2146 of the Penal Law.

Subdivision 4 of section 2147 reads in part:

‘1 All manner of public selling or offering for sale of any property upon Sunday is prohibited, except as follows: * * *

*732“ 4. Prepared tobacco, bread, milk, eggs,…