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The People of the State of New York, Respondent, v. Gordon Rice, Appellant
Judgment affirmed. Concur: Chief Judge Desmond and Judges Burke, Scileppi, Bergan and Keating. Judges Fuld and Van Voorhis dissent and vote to reverse and to dismiss the complaint in the following memorandum: Evidence that defendant uttered the obscenities testified to, whatever other offense or crime it may have estab *882 lished, does not, in our opinion, make out or constitute the crime of endangering the morals of a minor in violation of subdivision 2 of section 483 of the Penal Law.