MONSERRATE v. BOOK STORE


62 A.D.2d 419 (1978)

Patrick D. Monserrate, as District Attorney of Broome County, Appellant, v. Upper Court Street Book Store, Inc., et al., Respondents

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

May 25, 1978


Attorney(s) appearing for the Case

Patrick D. Monserrate, pro se, District Attorney (Robert S. Rose of counsel), for appellant.

David Gerald Jay for Upper Court Street Book Store, Inc., respondent.

Kenneth P. Ray for Michael D. Gelety, Jr., respondent.

George J. Camino for Loji Sales, Inc., respondent.

SWEENEY, J. P., KANE, STALEY, JR., and LARKIN, JJ., concur.


HERLIHY, J.

The facts are not disputed. In November of 1976, a police officer in civilian clothes, who did not disclose his official identity, entered each of the defendants' business establishments and purchased two or three magazines and one article or device. All of the establishments were advertised as adult bookstores and the items purchased appeared to the officer to constitute hard-core pornography. On...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases