People v. P. J. Video, Inc.

OPINION OF THE COURT

Simons, J.

In our earlier decision in this case (65 NY2d 566), we held that the issuing magistrate erred in approving a warrant authorizing the seizure of video cassette films as evidence that defendants were promoting obscenity. The warrants were void, we said, although supported by police affidavits itemizing several scenes of patently offensive sexual conduct, because *299the evidence before the magistrate did not establish probable cause to believe that the films were obscene within the three-part definition of Penal Law § 235.00. On certiorari review the Supreme Court of…