PEOPLE v. ROTHENBERG


20 N.Y.2d 35 (1967)

The People of the State of New York, Respondent, v. Paul Rothenberg, Appellant.

Court of Appeals of the State of New York.

Decided May 31, 1967.


Attorney(s) appearing for the Case

Michael I. Winter for appellant.

William Cahn, District Attorney (George Danzig Levine of counsel), for respondent.

Chief Judge FULD and Judges BERGAN and BREITEL concur with Judge VAN VOORHIS; Judge BURKE dissents and votes to affirm in an opinion in which Judges SCILEPPI and KEATING concur.


VAN VOORHIS, J.

The defendant has been convicted of possessing, with intent to sell, obscene, lewd and lascivious motion picture films in violation of section 1141 (subd. 1) of the Penal Law. A warrant was issued authorizing the search of his premises upon the affidavit of a police officer reciting that he had knowledge that information was given to the commanding officer of the vice squad by an FBI agent that...

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