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PEOPLE v. CALBUD, INC.

66 A.D.2d 898 (1978)

The People of the State of New York, Appellant, v. Calbud, Inc., Also Known as Mayfair Theatre, and Marvin Muchnick, Also Known as Buddy March and Calvin Young, et al., Respondents

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

December 29, 1978

Orders affirmed.

The defendants were indicted for the crime of obscenity in the second degree in that they "promoted and possessed with intent to promote obscene * * * motion picture[s]". In instructing the Grand Jury, pursuant to CPL 190.25 (subd 6), the Assistant District Attorney referred, inter alia, to thterm "obscenity" as: "Any material or performance is obscene if the average person applying contemporary community standards would find that considered...

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