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BURKE v. KINGSLEY BOOKS

8 Misc.2d 306 (1957)

Adrian P. Burke, as Corporation Counsel of the City of New York, Plaintiff, v. Kingsley Books, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 30, 1957.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Murray Rudman of counsel), for plaintiff.

Sidney Glasser for Kingsley Books, Inc., and others, defendants.

Albert Felix for Phillip Pellegrino and others, defendants.

Stein & Stein for Joe Picks, defendant.

Simon S. Feinstein for Abbey Books, defendant.

Abraham I. Wolf and John C. Swaim for Henry Kier, defendant.

MATTHEW M. LEVY, J.

Disposition of the instant case was, after trial, held in abeyance pending determination of the issues of the claimed unconstitutionality and invalidity of section 22-a of the Code of Criminal Procedure. That statute has now been upheld by this court, by the Court of Appeals of New York and by the Supreme Court of the United States (Burke v. Kingsley Books, 208 Misc...

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