PEOPLE v. HOWELL


90 Misc.2d 722 (1977)

The People of the State of New York, Plaintiff, v. Gary Howell and Yellowstone Distributing Inc., Defendants.

City Court of Buffalo.

June 13, 1977


Attorney(s) appearing for the Case

David Gerald Jay for defendants. Edward C. Cosgrove, District Attorney (Robert J. Bolm of counsel), for plaintiff.


CARMELO A. PARLATO, J.

Defendants herein have, after trial before this court without a jury, been found guilty as charged, i.e., each with having twice violated subdivision 1 of section 235.05 of the Penal Law promoting obscenity in the second degree. They now have moved, before sentence, pursuant to CPL 330.30 (subd 1) for a setting aside of the verdicts and dismissal of the informations herein, on the ground that said

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