PEOPLE v. BOOKCASE, INC.


14 N.Y.2d 409 (1964)

The People of the State of New York, Respondent, v. The Bookcase, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1964.


Attorney(s) appearing for the Case

Emanuel Redfield for appellants.

Frank S. Hogan, District Attorney (Michael Juviler and H. Richard Uviller of counsel), for respondent.

Horace S. Manges, Jacob F. Raskin and Paul N. Lazarus, III, for American Book Publishers Council, Inc., amicus curiæ.

Opinion by Judge VAN VOORHIS; all concur except Judges BURKE and SCILEPPI who dissent in separate opinions in each of which the other concurs and Chief Judge DESMOND who concurs in both.


VAN VOORHIS, J.

Appellants have been convicted under section 484-h of the Penal Law of selling to a minor under 18 years of age a copy of a book entitled "Memoirs of a Woman of Pleasure" ("Fanny Hill"). Another case, decided at the same time, involves whether this book is obscene under section 1141 of the Penal Law. That question is not before the court upon this appeal. Both counsel for the appellant and the...

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