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  5. 35 N.Y.2d 520 (1974)
 

PEOPLE v. MATURE ENTERS.

35 N.Y.2d 520 (1974)

The People of the State of New York, Respondent, v. Mature Enterprises, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Herbert S. Kassner for appellant.

Richard H. Kuh, District Attorney (Lewis R. Friedman and Arthur Weinstein of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, RABIN and STEVENS concur with Judge WACHTLER; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge GABRIELLI concurs.

WACHTLER, J.

The defendant corporation has been convicted of two counts of obscenity (Penal Law, § 235.05) for showing the film "Deep Throat" at a Times Square theatre owned by the corporation. A fine of $100,000 has been imposed for the two class A misdemeanor convictions.

The defendant does not dispute the finding that the film is obscene within the meaning of section 235.05 of the Penal Law, nor...

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