PEOPLE v. KAPLAN


44 Misc.2d 110 (1964)

The People of the State of New York, Plaintiff, v. Bessie Kaplan, Defendant.

Criminal Court of the City of New York, New York County.

October 2, 1964


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Vincent S. Cuccia of counsel), for plaintiff. Osmond K. Fraenkel for defendant. John E. Lawler for Rabbi Julius G. Neumann and others, amici curiæ.

CULLEN and DUNAIF, JJ., concur.


MAX BLOOM, P. J.

Defendant is charged with violating section 484-h of the Penal Law in that on June 22, 1964, she sold to Joseph V. Sgroi, a youth under the age of 18 years, two magazines, at a total price of $2.75, containing photographs of nude and partially nude females posed in various positions. At the close of the People's case defendant moved to dismiss on constitutional grounds. Decision was reserved...

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