(concurring). In my view, the subject sign was not violative of the ordinance (cf. Matter of Great Eastern Liq. Corp. v State Liq. Auth., 25 NY2d 525), and defendant’s conviction should be reversed upon that ground alone. Accordingly, I do not reach or pass upon the constitutional issues (see McKinney’s Cons Laws of NY, Book 1, Statutes, § 150, pp 307, 313).
Concur: Farley, P. J., and Pittoni, J.; Silberman, J., concurs in separate memorandum.