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PEOPLE v. P.J. VIDEO

65 N.Y.2d 566 (1985)

The People of the State of New York, Appellant, v. P.J. Video, Inc., Doing Business as Network Video, and James Erhardt, Respondents.

Court of Appeals of the State of New York.

Decided July 5, 1985.

Attorney(s) appearing for the Case

Richard J. Arcara, District Attorney (Jo W. Faber and John J. DeFranks of counsel), for appellant.

Paul J. Cambria, Jr., and Mary Good for respondents.

Chief Judge WACHTLER and Judges MEYER, KAYE and ALEXANDER concur with Judge SIMONS; Judge JASEN dissents and votes to reverse in a separate opinion; Judge TITONE taking no part.

SIMONS, J.

This appeal concerns the very basic issue of what information must be contained in an affidavit supporting a search warrant to authorize the seizure of materials which presumptively are entitled to the constitutional protection of the 1st Amendment. It arises from proceedings instituted in the Village of Depew Justice Court charging defendants with six counts of obscenity in the third degree based...

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