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• Title: People State New York v. Darwin Deen
• Author : Supreme Court of New York
• Release Date : January 01, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

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[3 A.D.2d 836 Page 836] Appeal from a judgment of a City Magistrate, holding a Court of Special Sessions of the City of New York, Borough of Brooklyn,
convicting appellant of a violation of section 2143 of the Penal Law, which prohibits all "labor" on Sunday, excepting the
works of necessity and charity. The undisputed facts show that appellant, who was not a painter by trade, on a Sunday afternoon
gratuitously painted a portion of the front of a private residence owned by his mother-in-law. He had started the painting
on Friday, continued it on Saturday, and was completing it when he was served with a summons by a police officer. There were
no churches in the vicinity, appellant created no disturbance, and the next-door neighbor did not complain of appellant's
acts. Judgment reversed on the law and information dismissed. The findings of fact are affirmed. The construction of the Sabbath
statute "must be one which harmonizes with the reason of the thing." (People v. Dunford, 207 N. Y. 17, 20.) The reason of
the statute is stated in section 2140 of the Penal Law to be the prohibition of certain acts which are serious interruptions
of the repose and religious liberty of the community. Having this purpose in mind, we are of the opinion that the acts performed
by this appellant are not encompassed within the word "labor" as used in section 2143. (Cf. Petit v. Minnesota, 177 U.S. 164.)
By common understanding, custom and usage in the community, the work here performed by the appellant is not the kind of labor
proscribed by the statute.

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