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PEOPLE v. POTWORA

44 A.D.2d 207 (1974)

The People of the State of New York, Appellant, v. Francis Potwora, Respondent

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

April 11, 1974.

Attorney(s) appearing for the Case

Edward C. Cosgrove (Richard J. Steiner of counsel), for appellant.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Herald Price Fahringer, Michael J. Brown and Lawrence A. Schulz of counsel), for respondent.

MARSH, P. J., MOULE, SIMONS and MAHONEY, JJ., concur.

CARDAMONE, J.

We are called upon first to decide whether the evidence before the Grand Jury was sufficient to sustain the indictment on the obscenity counts and, second, whether it was sufficient to sustain the conspiracy count.

The defendant, Francis Potwora, the manager of the Imperial News Company, a wholesale book distributor in Buffalo, New York, was indicted by the Erie County Grand Jury on August...

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