People v. Mature Enterprises, Inc.

*522Wachtler, J.

The defendant corporation has 'been convicted of two counts of obscenity (Penal Law, § 235.05) for showing the film “ Deep Throat ” at a Times Square theatre owned by the corporation. A fine of $100,000 has been imposed for the two class A misdemeanor convictions.

The defendant does not dispute the finding that the film is obscene within the meaning of section 235.05 of the Penal Law, nor does it challenge the constitutionality of the statute. Those questions are not now before us. This appeal raises two primary issues: (1) whether under the State Constitution (art. I, § 2) as…