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GREGORY v. BALL

25 Misc.2d 861 (1960)

Elizabeth Gregory, Individually and Doing Business as Book-Mart, et al., Plaintiffs, v. Carman F. Ball, as District Attorney of Erie County, et al., Defendants.

Supreme Court, Erie County.

November 2, 1960.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer & Fleming (Herald P. Fahringer, Jr., of counsel), for plaintiffs. Carman F. Ball, District Attorney, defendant in person. Louis J. Lefkowitz, Attorney-General, defendant in person. Elmer R. Weil, County Attorney, for B. John Tutuska, County Sheriff, defendant. Anthony Manguso, Corporation Counsel, for Frank Felicetta, Buffalo Police Commissioner, defendant.

MICHAEL CATALANO, J.

Plaintiffs move for summary judgment as demanded in the complaint, declaring that subdivisions 1 and 2 of section 1141 of the Penal Law are unconstitutional.

The moving papers state that plaintiffs are in business in the City of Buffalo, New York, selling magazines, periodicals and other printed matter to the public; that there are "literally thousands of magazines, books, periodicals and other printed matter being sold to...

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