Legal Opinion
People v. Illardo
New York Court of Appeals
Decided November 27, 1979PublishedCited by 90 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
We uphold in this case the affirmative defense provisions of the New York obscenity statute (Penal Law, § 235.15, subds 1, 2) against a constitutional attack brought on the grounds of due process and equal protection.
Appellant Joseph Illardo was charged in an information with the knowing promotion of obscene material for selling a magazine entitled Puritan to a plainclothes police officer (Penal Law, § 235.05, subd l).1 As a result of preliminary judicial screening, it was determined that the magazine in fact was obscene within the meaning of section 235.00, a…
2Cases cited23 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Roth v. United StatesSupreme Court of the United States · 1957
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Miller v. CaliforniaSupreme Court of the United States · 1973
18 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- New York v. FerberSupreme Court of the United States · 1982
- People v. ShapiroNew York Court of Appeals · 1980
- People v. ShackNew York Court of Appeals · 1995
- People v. LibertaNew York Court of Appeals · 1984
- People v. New York Trap Rock Corp.New York Court of Appeals · 1982
85 more not listed; retrieve them via the Exa API.