People v. Finkelstein

While these cases were not tried together, the issues of law in each are the same, the facts are very similar, and these eases on prior trials and appeals have *772been reported together. Hence, this decision will apply to each of these three eases.

Each of the defendants is charged in separate informations with violation of section 1141 of the Penal Law in that they did sell or have in their possession with the intent to sell certain specified books which are alleged to be obscene.

In the Finkelstein and the Schaeffer eases, which by stipulation were tried together, Detective Dell testified as to…