In Arcara v. Cloud Books. Inc., 68 N.Y.2d 553, (1986), the District Attorney of Erie County sought a court order closing a bookstore on the grounds that it was a public nuisance because some patrons were committing sexual acts on the premises. The case reached the New York State Court of Appeals on remand from the United States Supreme Court, see, Arcara v. Cloud Books 478 U.S. 697, (1986), which had ruled that the order sought by the prosecutor, because it was aimed at curtailing illegal acts of some of the store's patrons and not at speech or expression raised no issue under the First Amendment to the Federal Constitution. The Court of Appeals, applying State law, reached a different conclusion but not, as the defendant argues, because New Yorkers have different and greater rights under the State Constitution than under the First Amendment of the United States Constitution. The Court held that, under Article 1, section 8 of the State Constitution, the protections of the First Amendment had a wider application in New York than required by Federal Law. The Court reasoned that "the State constitutional guarantee of freedom of expression (was) implicated by an order closing the defendant's bookstore to prevent illegal acts by the patrons" and that, under settled First Amendment principles, "when government regulation designed to carry out a legitimate and important State objective would incidentally burden free expression, the government's action cannot be sustained unless the State can prove that it is no broader than needed to achieve its purpose, (Matter of Nicholson v. State Commn. on Judicial Conduct, 50 N.Y.2d 597, 431 N.Y.S.2d 340; People v. Taub. 37 N.Y.2d 530)". The Court concluded that the proposed order was vastly broader than necessary to prevent the illegal conduct of the bookstore patrons and that, therefore, it represented an unconstitutional abuse of State power.