New York Court of Appeals
The People of the State of New York v. Acme Markets, Inc., Appellant the People of the State of New York v. Loblaw…
July 10, 197537 N.Y.2d 326
Summary
The New York Court of Appeals held that the selective prosecution of the defendants under the Sunday sales law, driven by a private union and facilitated by the District Attorney despite a longstanding policy of nonenforcement, violated the equal protection clauses of the Federal and State constitutions. Accordingly, the Court reversed the lower courts' judgments and dismissed the informations. Justice Gabrielli dissented, arguing that the convictions should be affirmed.