Per Curiam.
Upon review of the film, "Deep Throat", we find it constitutionally obscene under both the statutory and decisional guidelines (Penal Law, § 235.00; Miller v. California, 413 U.S. 15; Paris Adult Theatre I v. Slaton, 413 U.S. 49; People v. Heller, 29 N.Y.2d 319, upon rearg. 33 N.Y.2d 314; Redlich v. Capri Cinema, 43 A.D.2d 27, 29).
Since defendant is a corporation, "the only penal sanction that can be used is a fine" (Preiser, Practice Commentary, McKinney's Cons. Laws, Book 39, p. 166); a fine is the sole penalty (Penal Law, § 80.10). Hence, defendant was not entitled to trial by jury ( Rankin v. Shanker, 23 N.Y.2d 111, 120; Mature Enterprises v. Hogan, N.Y.L.J., Nov. 16, 1972, p. 2, col. 1). In the fact pattern before us, we conclude that the fine imposed was not excessive ( Rankin v. Shanker, supra; People v. Gittelson, 18 N.Y.2d 427, 431, affg. 25 A.D.2d 265).
The judgment of conviction should be affirmed.
Concur — MARKOWITZ, P.J., FINE and FRANK, JJ.
Judgment of conviction affirmed.