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  5. 33 N.Y.2d 314 (1973)
 

PEOPLE v. HELLER

33 N.Y.2d 314 (1973)

The People of the State of New York, Respondent, v. Saul Heller, Appellant. The People of the State of New York, Respondent, v. Jim Buckley and Al Goldstein, Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Irving Anolik for appellant in the first above-entitled action.

Frank S. Hogan, District Attorney (Lewis R. Friedman, Michael R. Juviler and Anthony J. Girese of counsel), for respondent in the first above-entitled action and respondent in the second above-entitled action.

Herbert S. Kassner for New York State Civil Liberties Union and others, amici curiae, in the first above-entitled action.

Herald Price Fahringer and Lawrence A. Schulz for appellants in the second above-entitled action.

Judges BURKE, BREITEL and JASEN concur with Judge GABRIELLI; Judge JONES dissents and votes to reverse in an opinion in which Chief Judge FULD and Judge WACHTLER concur; Judge WACHTLER dissents in a separate opinion.

GABRIELLI, J.

Our major concern in the consideration of these cases is the constitutionality of certain of those sections of the Penal Law which deal with obscenity and pornography.

The appellants in each of these cases were convicted of misdemeanors because of their violations of section 235.05 of the Penal Law, which prohibits the promotion or production of obscene material. We have treated with the...

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