Legal Opinion

People v. Heller

New York Court of Appeals

Decided December 28, 1973PublishedCited by 67 opinions

1Opinion of the CourtGabrielli, J.

Our. major concern in the consideration of these cases is the constitutionality of certain of those sections of the Penal Law which deal with obscenity and pornography.

The appellants in each of these cases were convicted of misdemeanors because of their violations of section 235.05 of the Penal Law, which prohibits the promotion or production of obscene material. We have treated with the Heller case previously, deciding that the film “ Blue Movie ” was obscene within section 235.00 of the Penal Law, the statute which defines the meaning of obscenity (People v. Heller, 29 N Y 2d 319). We also…

2Cases cited28 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  4. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  5. Jacobellis v. OhioSupreme Court of the United States · 1964

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3Cited by67 opinions

  1. Christopher J. Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 CvCourt of Appeals for the Second Circuit · 2006
  2. People v. Calbud, Inc.New York Court of Appeals · 1980
  3. People v. P. J. Video, Inc.New York Court of Appeals · 1986
  4. People v. BrightNew York Court of Appeals · 1988
  5. People v. IllardoNew York Court of Appeals · 1979

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