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MATTER OF ROSENBLATT v. COMMON SENSE NEWSPAPER, INC.

40 A.D.2d 723 (1972)

In the Matter of Albert M. Rosenblatt, as District Attorney of Dutchess County, Respondent, v. Common Sense Newspaper, Inc., et al., Appellants

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

October 30, 1972

Judgment reversed, on the law and the facts, without costs, and complaint dismissed.

The injunction sought in this action was to prevent the sale, distribution and dissemination by appellants of the publication known as "Common Sense, January 1971, Issue #3" to persons under 17 years of age, on the ground that the publication contained matters of an obscene and indecent character within the meaning of section 22-a of the Code of Criminal Procedure and article 235...

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