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PEOPLE v. McGUIRE

5 N.Y.2d 523 (1959)

The People of the State of New York, Respondent, v. Edward McGuire, Appellant.

Court of Appeals of the State of New York.

Decided April 16, 1959.

Attorney(s) appearing for the Case

John W. Condon, Jr., and Grace Marie Ange for appellant.

Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for respondent.

Judges DESMOND, FULD, FROESSEL and VAN VOORHIS concur with Judge DYE; Judge BURKE dissents in an opinion in which Chief Judge CONWAY concurs.

DYE, J.

The defendant-appellant appeals by permission of a Judge of this court from a judgment of conviction rendered in the City Court of Buffalo, following trial, without a jury, upon an information charging violation of subdivision 1 of section 1141 of the Penal Law (possession of obscene prints and articles). On appeal to the Supreme Court, Erie County, the judgment...

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