People v. Paine Drug Co.

The indictment herein charging defendant with the misdemeanor of “ Sabbath breaking ” in violation of sections 2140, 2141 and 2147 of the Penal Law was dismissed and the People appeal. In accordance with the procedure suggested in People v. Utica Daw’s Drug Co. (16 A D 2d 12) a hearing was held and the determination was based on the proof there presented. The court concluded (39 Alise 2d 824) that the return of the indictment was a discriminatory act that denied defendant equal protection of the law in violation of its constitutional rights. (U. S. Const., 14th Amdt.; N. Y. Const., art. I, §…