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PLAZA CORP. v. VOGT

52 A.D.2d 396 (1976)

Plaza Development Corporation, Respondent, v. Francis J. Vogt, Individually and as District Attorney of The County of Ulster, et al., Appellants

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

June 10, 1976

Attorney(s) appearing for the Case

Francis J. Vogt, District-Attorney (E. Michael Kavanagh and Edward M. P. Greene of counsel), for appellants.

Steven A. Greenwold for respondent.

KOREMAN, P. J., GREENBLOTT, HERLIHY and REYNOLDS, JJ., concur.

MAIN, J.

Plaintiff is the operator of a motion picture theatre in the Village of Highland, Ulster County. On October 16 and 20, 1975, State Police, pursuant to section 410.00 of the Penal Law, seized three motion picture projectors, five reels of film and other items from this theatre upon warrants issued by Town Justices who had viewed certain films at the theatre and concluded that they violated the obscenity...

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