PEOPLE v. KEOUGH


38 A.D.2d 293 (1972)

The People of the State of New York, Respondent, v. Robert P. Keough, Appellant. (Action No. 1.) The People of the State of New York, Respondent, v. Neil L. Shapiro, Appellant. (Action No. 2.) The People of the State of New York, Respondent, v. Richard W. Schaeffer, Appellant. (Action No. 3.) The People of the State of New York, Respondent, v. Elizabeth D. Carter, Appellant. (Action No. 4)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 25, 1972.


Attorney(s) appearing for the Case

Michaels, Herman & Boland (Julius M. Michaels of counsel), for appellants.

Jack B. Lazarus, District Attorney (George E. Masters of counsel), for respondent.

DEL VECCHIO, J. P., and HENRY, J., concur with GABRIELLI, J.; CARDAMONE, J., dissents and votes to reverse the judgments and dismiss the indictments in an opinion.


GABRIELLI, J.

By two counts of an indictment, defendants were charged with co-operative conduct in having caused to be printed, publicly displayed and distributed a publication containing photographs which defied and cast contempt upon the American flag, in violation of section 20.00 of the Penal Law and subdivisions d and f of section 136 of the General Business Law. The latter section, in pertinent part, provides...

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