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PEOPLE v. COHEN

17 N.Y.2d 444 (1965)

The People of the State of New York, Respondent, v. Norman Cohen, Defendant, and Carl Berkowitz, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Ralph J. Schwarz, Jr., Stanley Hendricks and Albert L. Richter for appellant.

Frank S. Hogan, District Attorney (Robert B. Sperling and H. Richard Uviller of counsel), for respondent.

Concur: Judges DYE, FULD, VAN VOORHIS and BERGAN. Chief Judge DESMOND and Judges BURKE and SCILEPPI dissent and vote to affirm (People v. Cobert, ; People v. Peskin, ).

Judgment reversed and information dismissed upon the ground that the pictures in the record are not obscene within the holdings of People v. Moran (15 N.Y.2d 926); People v. Revo (15 N.Y.2d 743); Larkin v. G. I. Distrs. (14 N.Y.2d 869); People v. Richmond County News (9 N.Y.2d 578

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