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PEOPLE v. FINKELSTEIN

11 N.Y.2d 300 (1962)

The People of the State of New York, Respondent, v. Louis Finkelstein and Louis Schaeffer, Appellants.

Court of Appeals of the State of New York.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Emanuel Redfield for Louis Finkelstein, appellant.

Emanuel Redfield for Louis Schaeffer, appellant.

Frank S. Hogan, District Attorney (Peter J. O'Connor and H. Richard Uviller of counsel), for respondent.

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

FROESSEL, J.

After a joint trial, each of the defendants was convicted of the crime of violating section 1141 of the Penal Law, which in relevant part provides: "A person who sells * * * or has in his possession with intent to sell * * * any obscene * * * book * * * [i]s guilty of a misdemeanor".

When these cases were before us last year, we held that subdivision...

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