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PEOPLE v. MARTIN

100 Misc.2d 774 (1979)

The People of the State of New York, Plaintiff, v. Monique Martin, Cliff Nicholas and Marsha Alston, Defendants.

Criminal Court of the City of New York, New York County.

July 27, 1979

Attorney(s) appearing for the Case

Kassner & Detsky, P.C. (Kenneth R. Fields of counsel), for defendants. Robert M. Morgenthau, District Attorney (Diane H. Chait of counsel), for plaintiff.

ALAIN M. BOURGEOIS, J.

The defendants herein seek from this court a determination as to the constitutionality of the provisions of section 235.15 of the Penal Law. That section sets forth certain affirmative defenses to the charge of obscenity.

Subdivision 1 of section 235.15 of the Penal Law provides: "In any prosecution for obscenity, it is an affirmative defense that the persons to whom allegedly...

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