People v. Star Supermarkets, Inc., 1
| Decision Date | 30 November 1972 |
| Docket Number | No. 1,1 |
| Parties | PEOPLE of the State of New York, Appellant, v. STAR SUPERMARKETS, INC., Respondent. Appeal |
| Court | New York Supreme Court — Appellate Division |
Jack B. Lazarus, Dist. Atty., Rochester, Lloyd H. Butterfield, Brockport, for appellant.
Martin, Dutcher, Cooke, Mousaw & Vigdor, Richard S. Mayberry, Rochester, for respondent.
Before MARSH, J.P., and MOULE, CARDAMONE and HENRY, JJ.
In affirming the dismissal of these indictments we note that the grand jury has power to indict for crimes which are defined in the Penal Law as felonies or misdemeanors (Penal Law, Section 10.00 subd. 6). It may not indict, however, for breach of the Sabbath Law (General Business Law, Section 4) which is defined as a violation (Penal Law, Section 55.10 subd. 3(a); see People v. Witherill, Inc., 29 N.Y.2d 446, 328 N.Y.S.2d 668, 278 N.E.2d 905). Whether the Sunday Blue Laws should or should not continue to be the law is a matter which rests within the competence of the Legislature and not the courts. Their enforcement rests with the District Attorney who must, of course, prosecute for their violation upon proper complaint. He could proceed properly, however, by information and not present these violations to the grand jury.
Order unanimously affirmed.
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