PEOPLE v. KAHAN


15 N.Y.2d 311 (1965)

The People of the State of New York, Appellant, v. Irving Kahan, Respondent. The People of the State of New York, Appellant, v. Isadore Gottlieb, Respondent. The People of the State of New York, Appellant, v. David Appelbaum and Abraham Fleesler, Respondents.

Court of Appeals of the State of New York.

Decided March 18, 1965.


Attorney(s) appearing for the Case

Aaron E. Koota, District Attorney (Harry Brodbar and Raymond J. Scanlan of counsel), for appellant in the first two above-entitled actions.

Frank S. Hogan, District Attorney (Michael Juviler and H. Richard Uviller of counsel), for appellant in the third above-entitled action.

Osmond K. Fraenkel for respondents.

Judges DYE, VAN VOORHIS and BERGAN concur in Per Curiam opinion, Judge FULD concurring in a separate opinion; Judge BURKE dissents in an opinion in which Chief Judge DESMOND and Judge SCILEPPI concur.


Per Curiam.

The decision in People v. Bookcase, Inc. (14 N.Y.2d 409) implied that a constitutionally valid statute defining obscenity in its impact on the young, as distinguished from obscenity in respect of adults, might emerge under careful draftsmanship. We find defects in draftsmanship of section 484-h of the Penal Law which seem to be remediable both in respect of its...

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