People v. Berkowitz

The defendant has been arraigned upon an information charging him with violating the Sabbath Law (Penal Law, § 2147). This is a motion by the defendant to dismiss this, information on the grounds (1) that the item of merchandise which was alleged to have been sold was excepted under subdivision 4 of section 2147, and (2) that section 2147 of the Penal Law is unconstitutional because it is vague and ambiguous.

■ Daw’s Drug Store is a chain store selling, not only drugs, medicines and other items usually associated with a pharmacy, but also miscellaneous and sundry items of general merchandise.…