PEOPLE v. G. I. DISTRS.


20 N.Y.2d 104 (1967)

The People of the State of New York, Respondent, v. G. I. Distributors, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1967.


Attorney(s) appearing for the Case

Osmond K. Fraenkel for appellant.

Thomas J. Mackell, District Attorney (Peter J. O'Connor of counsel), for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur with Judge BREITEL; Chief Judge FULD dissents and votes to reverse in a separate opinion.


BREITEL, J.

After judgment of conviction for violation of section 1141 of the Penal Law, and affirmance by the Appellate Term, one Justice dissenting, defendant appeals. Defendant has paid the $250 fine imposed. The only issue of those raised by defendant's counsel on which there is stated disagreement in the court is whether the subject publication is obscene under the statute.

Under the authoritative...

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