The defendants, the alleged author, producer and the actors of a theatrical production entitled "Che", were arrested pursuant to arrest warrants and charged with violation of the obscenity statutes, i.e., public lewdness (Penal Law, § 245.00), consensual sodomy (Penal Law, § 130.38), giving an obscene performance (Penal Law, § 235.05, subd. 2), and conspiracy to commit these acts (Penal Law, § 105.00).
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