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PEOPLE v. ANDREK

50 A.D.2d 637 (1975)

The People of the State of New York, Respondent, v. Joseph Andrek et al., Appellants

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

November 6, 1975

Among other things, the defendants contend that the trial court erred in charging the jury that the appropriate standard to judge the obscenity of a movie exhibited by defendants on July 14, 1972 was the "community attitudes in St. Lawrence County". The District Attorney has conceded that the charge was error pursuant to People v Heller (33 N.Y.2d 314) and People v Nitke (45 A.D.2d 543)...

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