PEOPLE v. HERMAN


187 A.D.2d 1027 (1992)

The People of the State of New York, Respondent, v. John H. Herman, Appellant

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

November 18, 1992


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

On this appeal from a judgment convicting him of sodomy in the second degree (Penal Law § 130.45), defendant contends that the trial court committed reversible error when it admitted into evidence a book entitled "The Joy of Gay Sex" and a videotape about homosexual activities. Those items were seized by police when they conducted...

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