People v. Mature Enterprises, Inc.

Upon review of the film, “ Deep Throat ”, we find it constitutionally obscene under both the statutory and decisional guidelines (Penal Law, § 235.00; Miller v. California, 413 U. S. 15; Paris Adult Theatre I v. Slaton, 413 U. S. 49; Peo*661ple v. Heller, 29 N Y 2d 319, upon rearg. 33 N Y 2d 314; Redlich v. Capri Cinema, 43 A D 2d 27, 29).

Since defendant is a corporation, ‘ ‘ the only penal sanction that can be used is a fine ” (Preiser, Practice Commentary, McKinney’s Cons. Laws, Book 39, p. 166); a fine is the sole penalty (Penal Law, § 80.10). Hence, defendant was not entitled to trial by jury…