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STATE v. ROSENBERG

144 N.J. Super. 326 (1976)

365 A.2d 486

THE STATE OF NEW JERSEY, PLAINTIFF, v. LESLIE ROSENBERG, GARY JOSEPH RHEAULT, NICHOLAS F. DEL PRETE AND THE SET SUN CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal).

Decided July 13, 1976.

Attorney(s) appearing for the Case

Mr. Herbert S. Kassner of the New York Bar argued the motion for defendants (Messrs. Kassner & Detsky, attorneys; Mr. A. Joseph Kane, of counsel).

Mr. Richard P. Rodbart argued the motion for the State (Mr. Edward W. McGrath, Prosecutor Union County, attorney).

DREIER, J.C.C., Temporarily Assigned.

Defendants are the owners and operators of an adult book store in Union Township, allegedly engaged in the dissemination of sexually oriented literature. As a result they have been charged in a multi-count indictment with violating N.J.S.A. 2A:115-2 which reads in pertinent part:

Any person who, without just cause, utters or exposes to the view or hearing of another, or possesses with intent to utter or expose to...

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