Judgment rendered April 17, 1962, convicting defendant of violating section 1141 of the Penal Law (obscene prints and articles), unanimously modified, on the law and on the facts, to the extent of dismissing the third count of the information, and, as so modified, affirmed.
The evidence of scienter on the third count is insufficient. The proof establishes beyond a reasonable doubt the defendant's guilt on the remaining three counts charging that he held out...
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