People v. Yafee

OPINION OF THE COURT

Charles A. Posner, J.

Last century, more than two and a half decades ago, the highest court in this state declared two “Sunday Blue Laws” (General Business Law §§ 9, 12) unconstitutional (People v Abrahams, 40 NY2d 277 [1976]). However, not every “Blue Law” or *368“Sabbath Law” was before the Court in Abrahams for scrutiny. Some of the vestiges of archaic Blue Laws remain on our law-books, waiting to be enforced for no rational basis. It is now time for this court to declare Alcoholic Beverage Control Law § 105-a unconstitutional.

Defendant is charged with selling beer at retail…