People v. Mature Enterprises, Inc.

I agree with the majority that “ Deep Throat ” is hard-core pornography and that the defend*525ant, a corporation, was not entitled to a jury trial. The only issue which divides the court is whether the court may properly impose a fine, “ not exceeding double the amount of the corporation’s gain from the commission of the offense ”, computed from the date of the institution of charges to the date of conviction.

On August 17, 1972, Patrolman Michael Sullivan viewed the film “ Deep Throat ” being exhibited by the defendant, in the presence of Criminal Court Judge Rosenbebgeb, who, after witnessing…