PEOPLE v. NIXON


88 Misc.2d 913 (1976)

The People of the State of New York, Appellant, v. Sandra Nixon and Joseph Manuel, Respondents.

Supreme Court, Appellate Term, Second Department.

November 29, 1976


Attorney(s) appearing for the Case

Eugene J. Fox, Corporation Counsel (Richard L. Steer of counsel), for appellant. Doran, Curran & Doran for respondents.

Concur — FARLEY, P. J., PITTONI and GAGLIARDI, JJ.


MEMORANDUM.

The orders should be affirmed.

In our opinion section 40-1 of the Yonkers City Code is unconstitutional on its face. Although topless dancing in establishments selling liquor may properly be regulated (California v La Rue, 409 U.S. 109), the ordinance involved is an across the board prohibition against any breast exposure in public. Since the thrust of the statute is directed against nudity rather than obscenity...

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