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PEOPLE v. AVASINO

71 Misc.2d 889 (1972)

The People of the State of New York, Plaintiff, v. Alfred Avasino et al., Defendants.

Criminal Court of the City of New York, New York County.

November 15, 1972

Attorney(s) appearing for the Case

Morris J. Ezra, Herald P. Fahringer, Robert A. Fried, Loren Gardner, Michael C. Polina and Ralph J. Schwarz, Jr., for defendants. Frank S. Hogan, District Attorney (James Keefe of counsel), for plaintiff.

HAROLD J. ROTHWAX, J.

The defendants are charged with violating section 235.05 of the Penal Law, obscenity in the second degree. These cases have been joined by consent of the parties for the purposes of a motion to suppress and dismiss on the grounds that the arrests and the seizures of alleged obscene material were unlawful. No search or arrest warrants were issued in any of the cases.

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