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DE SALVO v. CODD

No. 74 Civ. 2055.

386 F.Supp. 1293 (1974)

Robert DE SALVO, Plaintiff, v. Michael J. CODD, Individually, and as Police Commissioner of the City of New York, et al., Defendants.

United States District Court, S. D. New York.

December 23, 1974.

Attorney(s) appearing for the Case

Kassner & Detsky, New York City, for plaintiff; Herbert S. Kassner, New York City, of counsel.

Richard H. Kuh, Dist. Atty., New York County, New York City, defendant pro se; Allen G. Swan, New York City, of counsel.

Adrian P. Burke, Corp. Counsel, New York City, defendant pro se; Renee Modry, Joseph I. Lauer, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, amicus curiae; Arlene R. Silverman, New York City, of counsel.

Before OAKES, Circuit Judge, and MacMAHON and WARD, District Judges.

ROBERT J. WARD, District Judge:

Plaintiff instituted this civil rights action under 42 U.S.C. § 1983 seeking a declaration that New York's criminal and civil anti-obscenity statutes, New York Penal Law art. 235 McKinney's Consol.Laws, c. 40 ("the criminal statute")1 and New York Civil Practice Law and Rules § 6330 ("the civil statute"),2 are unconstitutionally vague

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