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  5. 41 N.Y.2d 1018 (1977)
 

PEOPLE v. RICE

41 N.Y.2d 1018 (1977)

The People of the State of New York, Respondent, v. Michael Rice, Appellant. The People of the State of New York, Respondent, v. Charles Mehr, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1977.

Attorney(s) appearing for the Case

Anna M. Perry, John F. Middlemiss, Jr., and Leon J. Kesner for appellant in the first above-entitled action.

E. Carrington Boggan, Alan J. Azzara and Bruce J. Ennis for appellant in the second above-entitled action.

Henry F. O'Brien, District Attorney (Denis R. Hurley of counsel), for respondent in the first above-entitled action.

Henry F. O'Brien, District Attorney (Kevin J. Crowley of counsel), for respondent in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

In both of these cases novel and difficult constitutional questions in a field, largely unsettled, come to the court without a trial record and solely on the informations filed. Intermeshed are questions of conduct traditionally treated as criminal and yet, when committed privately and circumspectly, suggestive of an unwarranted interference by the State with the lately recognized and inchoate "penumbral" right of privacy (see, e.g., Griswold...

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