PEOPLE v. GORTON


60 Misc.2d 833 (1969)

The People of the State of New York, Respondent, v. Carl Gorton, Appellant.

Supreme Court, Appellate Term, Second Department.

June 25, 1969


Attorney(s) appearing for the Case

Mason L. Hampton and Charles E. Rice for appellant. William Kahn, District Attorney (Jules E. Orenstein and Joseph Laurie of counsel), for respondent.

Concur — HOGAN, P. J., COYLE and GULOTTA, JJ.


Per Curiam.

It is undisputed that defendant removed from the South Farmingdale branch of the Farmingdale Public Library a magazine because it contained what he regarded to be an obscene passage. Prior to the commission of such act, defendant had informed the senior librarian of his intention and warned that the use of force would be required to prevent him from removing the periodical from the library. After a trial...

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