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PEOPLE v. FRITCH

13 N.Y.2d 119 (1963)

The People of the State of New York, Appellant, v. Marguerite Fritch, Alan Hammerle and John E. Armstrong, Respondents.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Joseph A. Ryan, District Attorney (J. Richard Sardino of counsel), for appellant.

Charles Rembar, Charles E. Roberts and D. Charles O'Brien for respondents.

Opinion by Judge SCILEPPI in which Chief Judge DESMOND and Judges BURKE and FOSTER concur; Chief Judge DESMOND concurs in a separate opinion in which Judges SCILEPPI, BURKE and FOSTER concur; Judges DYE and FULD dissent in separate opinions in each of which the other concurs, Judge VAN VOORHIS concurring in both dissenting opinions.

SCILEPPI, J.

Defendants, after a trial by jury, were convicted of selling an obscene book, to wit, "Tropic of Cancer" by Henry Miller, in violation of section 1141 of the Penal Law1. The County Court reversed their convictions and dismissed the information. This case presents for consideration the recurring question of what constitutes obscene literature under the aforementioned statute...

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