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PEOPLE v. WEINGARTEN

25 N.Y.2d 639 (1969)

The People of the State of New York, Respondent, v. Irving Weingarten, Appellant.

Court of Appeals of the State of New York.

Decided October 30, 1969.

Attorney(s) appearing for the Case

Herald Price Fahringer for appellant.

Frank S. Hogan, District Attorney (Herman Kaufman and Michael R. Juviler of counsel), for respondent.

Concur: Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON. Judges BURKE, SCILEPPI and JASEN on constraint of People v. Richmond County News () and Larkin v. Putnam's Sons ().

MEMORANDUM.

The Trial Judge, hearing the charge that defendant had sold an obscene book (former Penal Law, § 1141), found that the book fell short of being "hard-core pornography", but that it was obscene by the less rigid standards laid down in Mishkin v. New York (383 U.S. 502) and accordingly defendant was found guilty.

A prosecution for violation of section 1141 of the former Penal Law is controlled by People...

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