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MATTER OF BRAUNSTEIN v. FRAWLEY

64 A.D.2d 772 (1978)

In the Matter of Bernard Braunstein, Appellant, v. John D. Frawley, as Justice of The Recorder's Court of the City of Elmira, et al., Respondents

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

July 20, 1978

On September 26, 1975, a police investigator of the City of Elmira entered petitioner's bookstore and purchased three magazines. After examination of the magazines, three informations were filed on October 2, 1975 against petitioner, each charging him with promoting obscenity in the third degree on September 26, 1975 in violation of subdivision 1 of section 235.05 of the Penal Law. The petitioner was arrested on these charges on October 2, 1975. On the same day, respondent...

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