PEOPLE v. SHIFRIN


301 N.Y. 445 (1950)

The People of the State of New York, Respondent, v. Isidor Shifrin, Appellant.

Court of Appeals of the State of New York.

Decided October 20, 1950


Attorney(s) appearing for the Case

Samuel Safronoff and Sophie Gluck for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

Defendant was convicted of selling "a bag of pigeon feed" before 10:00 A.M. on a Sunday, in alleged violation of section 2147 of the Penal Law. That section, which prohibits generally the sale of any property on Sunday, contains, among others, the following exception: "1. Articles of food may be sold, served, supplied and delivered at any time before ten o'clock in the morning".

"Food" is uniformly...

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