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PEOPLE v. P. J. VIDEO

68 N.Y.2d 296 (1986)

The People of the State of New York, Appellant, v. P. J. Video, Inc., Doing Business as Network Video, and James Erhardt, Respondents.

Court of Appeals of the State of New York.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Richard J. Arcara, District Attorney (John J. DeFranks and Jo W. Faber of counsel), for appellant.

Paul J. Cambria, Jr., and Mary Good for respondent.

Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER and TITONE concur with Judge SIMONS; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion.

SIMONS, J.

In our earlier decision in this case (65 N.Y.2d 566), we held that the issuing magistrate erred in approving a warrant authorizing the seizure of video cassette films as evidence that defendants were promoting obscenity. The warrants were void, we said, although supported by police affidavits itemizing several scenes of patently offensive sexual conduct, because...

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