PEOPLE v. RICHMOND COUNTY NEWS


9 N.Y.2d 578 (1961)

The People of the State of New York, Appellant, v. Richmond County News, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 25, 1961.


Attorney(s) appearing for the Case

John M. Braisted, Jr., District Attorney (Thomas R. Sullivan of counsel), for appellant.

Jacob Weidenbaum for respondent.

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


FULD, J.

Charged by an information with selling and distributing an allegedly obscene magazine in violation of section 1141 of the Penal Law, the defendant Richmond County News, Inc., was convicted in the Court of Special Sessions of the City of New York. Upon appeal, the conviction was reversed and the information dismissed; although the Appellate Division agreed with the trial court that the magazine was obscene...

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