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  5. 44 N.Y.2d 989 (1978)
 

STATE v. RUTKOWSKI

44 N.Y.2d 989 (1978)

State of New York et al., Appellants, v. Alexander Rutkowski et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Francis J. Keehan, Ruth Kessler Toch and Stanley Fishman of counsel), for appellants.

Robert Krutman for Alexander Rutkowski and another, respondents.

Richard A. Stoloff for Gloria Stevens, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be modified.

In answer to the complaint the defendants stated as affirmative defenses, without elaboration, that the statutes (Public Health Law, § 1116; ECL 17-1505) "are so vague, uncertain and ambiguous as to be unconstitutional." The burden of course was on the defendants to demonstrate the unconstitutionality of the laws (People v Byron,

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