PEOPLE v. WILLIAMS


17 A.D.2d 678 (1962)

The People of the State of New York, Respondent, v. Johnson Williams, Appellant

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

July 13, 1962


Charged in an indictment that he possessed with intent to sell allegedly obscene magazines in violation of section 1141 of the Penal Law defendant was found guilty by a jury in the County Court of Schenectady County of 11 of its counts, 1 of which was dismissed by the court after the trial. The test of obscenity under the statute is whether, taken as a whole, the dominant theme of the material alleged to be violative is so entirely lewd and lascivious as to constitute "hard...

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