1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 29 N.Y.2d
  5. 29 N.Y.2d 319 (1971)
 

PEOPLE v. HELLER

29 N.Y.2d 319 (1971)

The People of the State of New York, Respondent, v. Saul Heller, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1971.

Attorney(s) appearing for the Case

Irving Anolik and Joel Weinberg for appellant.

Frank S. Hogan, District Attorney (Lewis R. Friedman, Michael R. Juviler and Gerald E. Loehr of counsel), for respondent.

Judges BURKE, SCILEPPI, BREITEL and JASEN concur with Judge BERGAN; Chief Judge FULD dissents and votes to reverse in a separate opinion in which Judge GIBSON concurs.

BERGAN, J.

The film "Blue Movie", subject of this prosecution under section 235.05 of the Penal Law, is simple pornography unrelieved by any merit. Acts of sexual intercourse are portrayed, actual or simulated, accompanied by a series of sexual manifestations and movements.

The elements which must be established to satisfy the constitutional protection afforded by the First Amendment to freedom of expression...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases