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But the major portion singer/songwriter of this performance, before an adult night club singer/songwriter audience, related to social problems, and most of the objectionable passages were integral parts of the protected material. Therefore I concur. PEOPLE v. SOLOMON (New York Court of Appeals, 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 singer/songwriter Department. Defendant was convicted of presenting obscene performances in violation of the former Penal Law, 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.
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