PEOPLE v. RADICH


53 Misc.2d 717 (1967)

The People of the State of New York, Plaintiff, v. Stephen Radich, Defendant.

Criminal Court of the City of New York, New York County.

May 5, 1967


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Jerry Slater of counsel), for plaintiff. Richard G. Green and Shirley Fingerhood for defendant.

COMERFORD, J., concurs with STRONG, J.; BASEL, J., dissents in opinion.


FREDERICK L. STRONG, J.

The defendant, an art dealer, publicly exhibited for sale at his gallery from December 13, 1966 to January 17, 1967 13 three-dimensional objects called "constructions." One of these objects (People's Exhibit 2) was in the display window and consisted of an American flag stuffed and shaped in a form suggesting a human body hanging from a yellow noose around its neck. Among the 12 other...

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