Legal Opinion

People v. Herman

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1992PublishedCited by 8 opinions

1Opinion of the Court

Judgment unanimously reversed on the law and new trial granted. Memorandum: On this appeal from a judgment convicting him of sodomy in the second degree (Penal Law § 130.45), defendant contends that the trial court committed reversible error when it admitted into evidence a book entitled "The Joy of Gay Sex” and a videotape about homosexual activities. Those items were *1028seized by police when they conducted a search of defendant’s bedroom subsequent to his arrest on the sodomy charge. Defendant asserts that the book and videotape were not relevant to any issue in the case and that they could…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. ScarolaNew York Court of Appeals · 1988
  3. People v. LewisNew York Court of Appeals · 1987
  4. People v. BalkumAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. PacellaAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by8 opinions

  1. Richard W. Dunnigan v. John P. Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1998
  2. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. CollierAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. MaullAppellate Division of the Supreme Court of the State of New York · 2023
  5. People v. HornAppellate Division of the Supreme Court of the State of New York · 2020

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