People v. Acme Markets, Inc.

Just three years’ ago, this court in People v L. A. Witherill, Inc. (29 NY2d 446), by a decision and opinion in which the seven Judges unanimously concurred, held specifically that the statute here under attack, section 9 of the General Business Law,1 often referred to as the sabbath law, was a (p 449) "constitutional exercises [sic] of legislative power” and, further, that there was no basis "for defendant’s assertion that it has been denied equal protection of the law because of [claimed] discriminatory enforcement of the statute.”

Now, three of my colleagues would hold this very same *336section…