People v. Shapiro

Appellants have been convicted of violating section 1141 of the Penal Law which, insofar as it is pertinent, provides that ‘‘ A person who sells, * * * distributes, * * * or has in his possession with intent to sell * * * distribute * * * any obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic or disgusting * * * magazine * * * [i]s guilty of a misdemeanor ”.

*273We may quickly dispose of the contention that the magazine which was distributed is not of the type described in that section. It is sufficient to say that it is fully and completely of the character which the language of…