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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOU BERN BROADWAY, INC., Appellant.

Order reversed and the information dismissed in the following memorandum: Assuming, without deciding, the power of the State to regulate public displays short of obscenity, we conclude that the displays in this case, as a matter of law, do not fall within the proscription of the statute. We, therefore, do not reach the constitutional question.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

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PEOPLE v. LOU BERN BROADWAY, INC
(May 4, 1973)