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PEOPLE v. CARLOS

24 N.Y.2d 865 (1969)

The People of the State of New York, Respondent, v. Louis Carlos, Appellant.

Court of Appeals of the State of New York.

Decided April 16, 1969.

Attorney(s) appearing for the Case

Herald Price Fahringer for appellant.

William J. McClusky, District Attorney, for respondent.

Concur: Judges BURKE, SCILEPPI, KEATING, BREITEL and JASEN. Chief Judge FULD dissents and votes to reverse in an opinion in which Judge BERGAN concurs.

Judgment affirmed.

Chief Judge FULD (dissenting).

Although the magazines before us are inexcusably vulgar and tawdry, I do not see how, in the light of constitutional principles heretofore enunciated, they may be held obscene either under the tests laid down by our decisions (see People v. Richmond County News, 9 N.Y.2d 578, 586-587; People v. Finkelstein, 11 N.Y.2d 300

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