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PEOPLE v. RADICH

26 N.Y.2d 114 (1970)

The People of the State of New York, Respondent, v. Stephen Radich, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1970.

Attorney(s) appearing for the Case

Richard G. Green for appellant.

Frank S. Hogan, District Attorney (Jerry Slater and Michael R. Juviler, of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Maria L. Marcus of counsel), amicus curiae.

Judges SCILEPPI, BERGAN, BREITEL and JASEN concur with Judge GIBSON; Chief Judge FULD dissents and votes to reverse in a separate opinion in which Judge BURKE concurs.

GIBSON, J.

The issue is whether defendant's conviction of a violation of New York's flag desecration statute was in contravention of his right of free speech under the First Amendment to the Constitution of the United States. The particular penal provision found to have been violated provides, in substance, that any person who shall publicly mutilate, deface, defile...

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