Opinion
January 9, 1976
Appeal from the District Court of Nassau County, First District, JULIUS CHINMAN, J.
Denis Dillon, District Attorney (Thomas A. Adams of counsel), for appellant.
James J. McDonough, Matthew Muraskin and Harry D. Hersh for 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.