The following excerpt is from People v. Fritch, 236 N.Y.S.2d 706, 38 Misc.2d 333 (N.Y. Cty. Ct. 1963):
However, as pointed out by Judge Fuld in People v. Richmond County News, supra, 9 N.Y.2d at pages 585-586, 216 N.Y.S.2d 369, at page 374, 175 N.E.2d 681, at page 685:
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