PEOPLE v. POTWORA


51 A.D.2d 678 (1976)

The People of the State of New York, Respondent, v. Francis Potwora, Appellant

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

January 16, 1976


Judgment unanimously reversed, on the law, and a new trial granted.

Memorandum:

Defendant appeals from a judgment of conviction entered upon a jury verdict which found him guilty of obscenity in the first degree. At trial the prosecution's case was based primarily upon the testimony of two bookstore owners, at least one of whom unequivocally connected defendant with the wholesale promotion of certain publications. Although requested by defendant, the trial...

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