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  5. 48 N.Y.2d 408 (1979)
 

PEOPLE v. ILLARDO

48 N.Y.2d 408 (1979)

The People of the State of New York, Respondent, v. Joseph Illardo, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1979.

Attorney(s) appearing for the Case

Paul J. Cambria, Jr., and Herald Price Fahringer for appellant.

Edward C. Cosgrove, District Attorney (John De Frank and Judith Blake Manzella of counsel), for respondent.

Robert Abrams, Attorney-General (Shirley Adelson Siegel and John J. Warner, Jr., of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.

FUCHSBERG, J.

We uphold in this case the affirmative defense provisions of the New York obscenity statute (Penal Law, § 235.15, subds 1, 2) against a constitutional attack brought on the grounds of due process and equal protection.

Appellant Joseph Illardo was charged in an information with the knowing promotion of obscene material for selling a magazine entitled Puritan to a plainclothes...

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