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PEOPLE v. REMENY

40 N.Y.2d 527 (1976)

The People of the State of New York, Respondent, v. Ronald Remeny, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1976.

Attorney(s) appearing for the Case

Alan H. Levine and Ronald E. Sternberg for appellant.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Murray L. Lewis of counsel), for respondent.

Judges GABRIELLI and COOKE concur with Judge WACHTLER; Judge FUCHSBERG concurs in result in another opinion; Judge JONES dissents in part and votes to modify in a separate opinion; Judge JASEN dissents and votes to affirm in another separate opinion in which Chief Judge BREITEL concurs.

WACHTLER, J.

In 1974 the defendant Ronald Remeny was arrested for distributing handbills in violation of subdivision 5 of section 755(2)-7.0 of the Administrative Code of the City of New York. The handbills contained advertisements for certain jazz concerts and at the time of his arrest the defendant was distributing them on the sidewalk in front of Madison Square Garden...

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