PEOPLE v. STABILE


58 Misc.2d 905 (1969)

The People of the State of New York, Plaintiff, v. Emilio Stabile et al., Defendants.

Criminal Court of the City of New York.

January 24, 1969


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Herald Price Fahringer of counsel), for defendants. Frank S. Hogan, District Attorney (Kenneth Conboy of counsel), for plaintiff.


WILLIAM E. RINGEL, J.

The defendants, charged with a violation of the obscenity law in that they did knowingly sell various allegedly obscene magazines to undercover policemen (Penal Law, § 235.05), move to dismiss the complaints against them on the ground that the subject matter of each complaint is constitutionally protected under the First Amendment to the United States Constitution and is not obscene as a matter of law. Each defendant now before...

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