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PEOPLE v. PHILIP BIRCH, RICHARD MEAD, RAY KIRK, ALL STATES NEW CO., INC.

25 A.D.2d 854 (1966)

The People of the State of New York, Appellant, v. Philip Birch, Richard Mead, Ray Kirk, All States News Company, Inc., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 2, 1966

Orders reversed, on the law; motions denied; and indictment reinstated. No questions of fact were considered.

The indictment was dismissed on defendants' motion made on the ground that the books seized from defendants under a warrant were not obscene (People v. Birch, 40 Misc.2d 626). Defendants also moved to suppress the evidence on the ground that the seizure was invalid by reason of its excessiveness and the District...

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