PEOPLE v. HARTMAN


23 N.Y.2d 778 (1968)

The People of the State of New York, Respondent, v. Mae Hartman, Appellant.

Court of Appeals of the State of New York.

Decided December 12, 1968.


Attorney(s) appearing for the Case

Osmond K. Fraenkel for appellant.

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

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


MEMORANDUM.

The judgment should be affirmed. The statute (former Penal Law, § 484-h) deals with the knowing sale of obscene material to minors and defines "knowingly" as having "reason to know" the character and content of material susceptible of examination by defendant (subd. 1, par. [g], cl. [i]). The lurid cover of the magazine "French Follies", the notation "Adults Only", and the price of $1.50 would give ground...

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