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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRED HERTZ, Respondent

MEMORANDUM. Order dismissing information unanimously reversed on the law, information reinstated and matter remanded for trial.

In our opinion, section 270.05 Penal of the Penal Law does not violate due process by reason of its being overly broad (People v Duskin, NYLJ, May 19, 1975, p 19, col 2).

Concur: GLICKMAN, P.J., PITTONI and GAGLIARDI, JJ.

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PEOPLE v. HERTZ
(Jan 9, 1976)