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BOOKCASE, INC. v. BRODERICK

18 N.Y.2d 71 (1966)

The Bookcase, Inc., et al., Appellants, v. Vincent L. Broderick, as Commissioner of Police of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Emanuel Redfield and Benjamin E. Winston for appellants.

J. Lee Rankin, Corporation Counsel (Benjamin Offner and Seymour B. Quel of counsel), for Vincent L. Broderick, respondent.

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

Horace S. Manges, Arthur F. Abelman and Stuart M. Rosen for American Book Publishers Council, Inc., amicus curiæ.

Chief Judge DESMOND and Judges BURKE, SCILEPPI and BERGAN concur with Judge KEATING; Judge FULD concurs in result; Judge VAN VOORHIS dissents and votes to reverse upon the ground that jurisdiction should not be assumed to render declaratory judgment of a question of constitutionality in the abstract without ruling upon the validity of any particular statute.

KEATING, J.

Appellants challenge the power of the State to prohibit sales, to persons below a certain age, of literature not "obscene" within existing judicial standards for suppression of sales to the general public.

In 1963, appellant Bookcase, Inc., was prosecuted for selling a book, "The Memoirs of a Woman of Pleasure" (better known as "Fanny Hill"), to a person under the age of 18 in violation of...

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