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PEOPLE v. ABRONOVITZ

31 N.Y.2d 160 (1972)

The People of the State of New York, Respondent, v. Morris Abronovitz and Norton Abronovitz, Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

Herald Price Fahringer and Lawrence A. Schulz for appellants.

Jack B. Lazarus, District Attorney (Howard R. Relin of counsel), for respondent.

Chief Judge FULD and Judges BREITEL and GIBSON concur with Judge BERGAN; Judge BURKE concurs in the following memorandum: Unquestionably the publications are obscene, but upon constraint of the United States Supreme Court decisions in Lee Art Theatre v. Virginia (), A Quantity of Books v. Kansas () and Marcus v. Search Warrant () I concur for reversal; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge SCILEPPI concurs.

BERGAN, J.

On an affidavit by a police officer stating that appellants at their Rochester book store possessed "obscene material", and naming by title certain magazines, copies of which were furnished with the affidavit, a search warrant was issued by a Judge of the City Court of Rochester. The warrant authorized a search of the premises of appellants for magazines and photographs.

It did not name or...

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