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PEOPLE v. STERN

3 A.D.2d 443 (1957)

The People of the State of New York, Appellant, v. Sidney Stern, Periodical Distributors of Greater New York, Inc., Herbert Cohen, Max Schiffrin, Sol Schiffrin, Eli Schiffrin and Walter Hale, Respondents

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

April 24, 1957.

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Aaron E. Koota and Jerome C. Ditore of counsel), for appellant.

Herbert Monte Levy for respondents.

Joseph A. Solovei for G. I. Distributors, Inc., and others, amici curiæ.

KLEINFELD, J., concurs with BELDOCK, J.; UGHETTA, J., concurs in separate opinion; NOLAN, P. J., dissents and votes to reverse the order and to deny the motion, in opinion, in which WENZEL, J., concurs.

BELDOCK, J.

On May 23, 1956 a Kings County Grand Jury, known as the "Rackets Grand Jury" returned an indictment charging respondents with violating section 1141 of the Penal Law, which prohibits the sale of obscene and pornographic books and writings. The indictment was presented on said date to the County Judge presiding at the June, 1955 Term of Part VI of the County Court, which term, by successive orders of...

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