Opinion
Argued March 19, 1973
Decided May 4, 1973
Appeal from the Supreme Court in the First Judicial Department, IRVING LANG, J.
O. John Rogge and Richard H. Rosenberg for appellants.
Frank S. Hogan, District Attorney ( Michael R. Juviler and Arthur Weinstein of counsel), for respondent.
Roger Bennet Adler for New York State District Attorneys Association, amicus curiae.
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.