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PEOPLE v. TANNENBAUM

18 N.Y.2d 268 (1966)

The People of the State of New York, Respondent, v. Charles Tannenbaum, Appellant.

Court of Appeals of the State of New York.

Decided September 29, 1966.

Attorney(s) appearing for the Case

Osmond K. Fraenkel for appellant.

Frank S. Hogan, District Attorney (John A. K. Bradley and H. Richard Uviller of counsel), for respondent.

Opinion by Judge KEATING. All concur except Judge FULD who dissents in an opinion in which Judges VAN VOORHIS and BERGAN concur, Judge BERGAN dissenting in a separate opinion in which Judge VAN VOORHIS also concurs.

KEATING, J.

In response to the deeply felt needs of the community, our State Legislature enacted two statutes (L. 1965, ch. 327, eff. Sept. 1, 1965; L. 1965, ch. 372, eff. July 1, 1965) proscribing the dissemination, to infants under 17 and 18 years of age respectively, of materials obscene as to such infants, though not necessarily obscene as to the adult community.

The statutory scheme is no broader...

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