(Download) "People State New York v. Arthur Gwyer" by Supreme Court of New York # eBook PDF Kindle ePub Free

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Title: People State New York v. Arthur Gwyer
Author : Supreme Court of New York
Release Date : January 02, 1958
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

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The judgment appealed from is reversed and the complaint dismissed. The defendant is charged with offering for sale and causing
to be sold services of his laundromat on Sunday, in violation of section 2147 of the Penal Law. This section is entitled "Public
traffic on Sunday." By its introductory language "All manner of public selling or offering for sale of any property upon Sunday
is prohibited". Thereafter, certain exceptions are enumerated. In People v. Dunford (207 N. Y. 17 [ 1912 ] ), decided when
the statute was much as it is today, though not as extensive in the exceptions noted, the court observed "The word 'traffic'
has the popular meaning of an exchange, or a passing of goods, or commodities, for an equivalent in goods, or money" (p. 20).
"It seems to be intended by this legislation to declare that act a nuisance, which disturbs the public rest on Sunday, or
tends to profane the day by any unnecessary, or noisy, conduct" (p. 21). (Cf. People v. Friedman, 302 N. Y. 75.) The prohibition
of section 2147 of the Penal Law referred to and was designed to include tangible personal property, not services. Nor does
the fact that an automatic vending machine on the premises afforded prospective users of the laundromat an opportunity to
obtain soap and bleach by the deposit of coins, independent of any participation by the defendant, bring it within the language
of the section. Concur - Botein, P.J., Breitel, M. M. Frank, Valente, and Stevens, JJ.