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PEOPLE v. ILLARDO

97 Misc.2d 294 (1978)

The People of the State of New York, Appellant, v. Joseph Illardo and Willie Fare, Respondents.

County Court, Erie County.

November 15, 1978

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for appellant. Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria of counsel), for Joseph Illardo, respondent. Boreanaz, NeMoyer & Baker (Patrick J. Baker of counsel), for Willie Fare, respondent.

JOSEPH P. McCARTHY, J.

These defendants were charged in the City Court of Buffalo under separate informations with obscenity in the second degree in violation of section 235.05 of the Penal Law. Respondent Illardo was charged specifically with promoting obscene material by selling a magazine entitled "Puritan" to one John T. Dugan on May 2, 1978. Respondent Fare was charged specifically with promoting obscene...

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