People v. Durocher

The defendants are charged with possession and promotion of obscene material in violation of section 235.05 of the Penal Law. They move to dismiss on two grounds: (1) that after a search warrant was issued by a Judge of this court in a prior ex parte proceeding, the execution of such warrant resulted in no seizure of evidence and therefore their arrest was unlawful; (2) that the said ex parte proceeding itself was improper and in violation of the First Amendment rights of the defendants.

An undercover New York City police officer, in three independent transactions and at three different…