People v. Wolen

Rctdich, C. M.

The defendant is charged with violating one of the Sabbath Laws (Penal Law, § 2147) in that on Sunday, September 27,1936, at four forty-five p. m., he sold to the complainant a can of tomato soup, a can of peas and a can of corn. The defendant operates a delicatessen store, selling cooked meats such as corned beef, tongue, bologna, frankfurters and the like, in addition to canned foods. Nothing of what he sells is eaten on the premises. He moves for dismissal of the complaint on the ground that under subdivision 5 of that section, delicatessen dealers are permitted to sell “…