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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