People v. Allies Boulevard Book Store, Inc.

— Mahoney, P. J.

Appeal from an order of the County Court of Broome County (Monserrate, J.), entered December 9, 1985, which granted defendants’ motion to dismiss the indictments.

In connection with an investigation conducted by the Broome County District Attorney’s office to determine whether adult bookstores were selling obscene material, investigator Robert Tronovitch purchased sexually explicit magazines at three adult bookstores in Broome County owned by defendants.

Prior to making his purchases, Tronovitch informed the clerk at each bookstore that he was buying the magazines as a "gag…