People v. Niosi

The defendant is accused of violating section 9 of article 2 of the General Business Daw in *605that it is. alleged that he offered and sold certain meat products at his butcher shop on the sabbath.

The defendant contends that the court should dismiss the misdemeanor complaint since, statutorily and by case law, such an offense is a violation and cannot be prosecuted, as in the case at bar, by a misdemeanor complaint.

While section 4 of article 2 of the General Business Law states that sabbath breaking is a misdemeanor, such a classification is incorrect. As the defendant’s attorney correctly…