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PEOPLE v. LEE

19 Misc.3d 791 (2008)

860 N.Y.S.2d 845

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHEN LEE, Defendant.

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

March 26, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Erin Darcy of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Mary Weisgerber of counsel), for plaintiff.

OPINION OF THE COURT

MARC J. WHITEN, J.

Close to a half century ago, French-Algerian author, philosopher and Nobel Laureate Albert Camus wrote, "Without freedom, no art; art lives only on the restraints it imposes on itself, and dies of all others."1 The court is now called upon to consider here the extent to which the State might legitimately impose restraints on art, as sold to the...

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