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PEOPLE v. DOUGLAS

12 A.D.2d 194 (1961)

The People of the State of New York, Appellant, v. William S. Douglas, Augustus J. La Comb, Clarence F. La Comb, and Harold J. La Comb, Respondents

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

January 17, 1961.

Attorney(s) appearing for the Case

Charles H. Bowers, District Attorney, for appellant.

Ross E. Brown for respondents.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Paxton Blair of counsel), for the People, under section 71 of the Executive Law.

Brock, Fleishman & Rykoff (Stanley Fleishman of counsel), for All-States News Company, Inc., amicus curiæ.

Edward S. Silver for New York State District Attorneys' Association, amicus curiæ.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.

REYNOLDS, J.

The defendants herein were indicted for selling obscene magazines, a misdemeanor in violation of section 1141 of the Penal Law ("Obscene prints * * * ") and moved for the dismissal of said indictment on all the grounds of demurrer set forth in section 323 of the Code of Criminal Procedure except those in subdivision 5. The Special County Judge dismissed the indictment on the ground that subdivision...

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