PEOPLE v. LOU BERN BROADWAY, INC

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.