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WEIN v. TOWN OF IRVINGTON

126 N.J. Super. 410 (1974)

315 A.2d 35

HOWARD A. WEIN, PHILIP J. GUARINO, PLAINTIFFS-RESPONDENTS, v. TOWN OF IRVINGTON, MUNICIPAL COURT OF THE TOWN OF IRVINGTON, TOWN OF IRVINGTON POLICE DEPARTMENT, BERNARD DE LUCIA, DETECTIVE, TOWN OF IRVINGTON POLICE DEPARTMENT, DEFENDANTS-APPELLANTS, AND JOSEPH P. LORDI, ESSEX COUNTY PROSECUTOR, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1974.

Attorney(s) appearing for the Case

Mr. Samuel J. Zucker, Town Attorney, attorney for municipal appellants (Mr. Daniel A. Rosenberg, Municipal Prosecutor, on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, pro se (Mr. Ralph J. Jabbour, Assistant Prosecutor, of counsel and on the brief).

Messrs. Stern & Weiss, attorneys for respondents (Mr. Harvey L. Weiss, on the brief).

Before Judges CARTON, SEIDMAN and DEMOS.

PER CURIAM.

Section 22-35 of the Irvington Town Code, adopted in 1960, provides as follows:

It shall be unlawful for any person to knowingly photograph, act in, pose for, print, sell, offer for sale, give away, exhibit, publish, or offer to publish, or have in his control, or otherwise distribute, make, display or exhibit any obscene book, magazine, story, pamphlet, paper, writing, card, advertisement, circular...

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