PEOPLE v. MARZANO


31 A.D.2d 52 (1968)

The People of the State of New York, Respondent, v. Vincent P. Marzano, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1968.


Attorney(s) appearing for the Case

David B. Alford for appellant.

Robert H. Ecker, District Attorney, for respondent.

REYNOLDS, AULISI, STALEY, JR., and GABRIELLI, JJ., concur.


HERLIHY, J. P.

This is an appeal from a judgment of the County Court of Schoharie County, rendered February 8, 1968, upon a verdict convicting the defendant of the crime of obscenity.

We are not presently concerned with whether the exhibits were hard core pornography, and consequently obscene, but rather whether the section under which the defendant was indicted applies to the facts herein.

The proof shows that a 16-year-old boy went to...

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