Judgment of conviction for violation of section 153.17 of the Health Code of the City of New York unanimously reversed, on the law and
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on the facts, the information dismissed, and the fine remitted. The ordinance was not applicable to defendant’s conduct since the literature he was distributing was “ other than commercial or business advertising matter ” expressly excepted from the ordinance. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.