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PEOPLE v. KEOUGH

31 N.Y.2d 281 (1972)

The People of the State of New York, Respondent, v. Robert P. Keough, Neil L. Shapiro, Richard W. Schaeffer and Elizabeth D. Carter, Appellants.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

Julius H. Michaels for appellants.

Jack B. Lazarus, District Attorney (Edward J. Spires of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and JASEN concur with Judge GIBSON; Judge SCILEPPI dissents and votes to affirm on the opinion at the Appellate Division.

GIBSON, J.

The indictment charged that the photographs in issue defied and cast contempt upon the flag of the United States, in violation of section 136 (subds. d and f) of the General Business Law. The County Court, in an opinion (61 Misc.2d 762, 765), disallowed a demurrer to the indictment upon finding the "factual situation" similar to that in People v. Radich

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