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CALDERON v. CITY OF BUFFALO

61 A.D.2d 323 (1978)

Hyman Calderon, Doing Business as Neisner's Smoke Shop, Respondent, v. City of Buffalo et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 1, 1978

Attorney(s) appearing for the Case

Leslie G. Foschio, Corporation Counsel (Patricia Pancoe of counsel), for appellants.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria, Jr., of counsel), for respondent.

MOULE, J. P., SIMONS, DILLON and HANCOCK, JR., JJ., concur.

DENMAN, J.

The plaintiff, Hyman Calderon was approached at his place of business, Neisner's Smoke Shop, by a Buffalo police officer from the Salacious Literature Unit, who advised him that he was selling magazines in violation of section 35 of chapter 9 of the Ordinances of the City of Buffalo (commonly known as the Anti-Obscenity and Display to Minors Ordinance). The officer either refused or was unable to explain...

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