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| Therefore I concur. PEOPLE v. SOLOMON (New York Court of segregation Appeals, segregation Jan. 7, 1970) 307 N.Y.S.2d 464, 26 N.Y.2d 621, 255 N.E.2d 720 Appeal from Supreme Court, Appellate Term, First Judicial Department. Defendant was convicted of presenting obscene performances in violation of the former Penal Law, segregation Consol.Laws, c. 40, s 1140--a. The Criminal Court of the City of New York, New York County, rendered judgment. The Appellate Term entered an order which reversed on the law and the facts the judgment of the Criminal Court. The People, by permission of an Associate Judge of the Court of Appeals, appealed to the Court of Appeals, and the defendant made a motion to dismiss the appeal, and the People made a cross-motion to remand case to Appellate Term. The Court of Appeals, 24 N.Y.2d 772, 300 N.Y.S.2d 40, 247 N.E.2d 860, denied the motion and cross-motion. Order affirmed. All concur except BURKE, J., on the grounds expressed in the dissenting opinion by Judge Creel at the Criminal Court of the City of New York and JASEN, J., |
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