The defendants are charged with possession and promotion of obscene material in violation of section 235.05 of the Penal Law. They move to dismiss on two grounds: (1) that after a search warrant was issued by a Judge of this court in a prior ex parte proceeding, the execution of such warrant resulted in no seizure of evidence and therefore their arrest was unlawful; (2) that the said ex parte proceeding itself was improper and in...
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