Judgment of conviction reversed on the law and facts, complaint dismissed, and fine remitted.
Defendant was charged with violating Penal Law (§ 245.00) in that she was sunbathing in the nude on a public beach along with several other persons. Under the law nudity in itself is not prohibited and lewdness cannot be presumed from the mere fact of nudity. There must be a showing of lewd conduct from...
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