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PEOPLE v. COHEN

22 A.D.2d 932 (1964)

The People of the State of New York, Respondent, v. Herbert C. Cohen, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1964

Judgment reversed on the law; indictment dismissed; fine directed to be remitted; and bail directed to be exonerated. The findings of fact implicit in the verdict are affirmed.

We are constrained by the determinations in Sunshine Book Co. v. Summerfield (355 U.S. 372) and Matter of Excelsior Pictures Corp. v. Regents (3 N.Y.2d 237, mot. for rearg. den. 3 N.Y.2d 942) to hold that the...

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