Legal Opinion
People v. Gotham Book Mart, Inc.
New York City Magistrates' Court
Decided January 24, 1936PublishedCited by 3 opinions
1Opinion of the Court
Perlman, C. M.
The defendant is charged with having violated section 1141 of the Penal Law by its possession and sale of a book entitled, “ If It Die,” by André Gide.
Section 1141 of the Penal Law reads, in part, as follows: “ A person who sells * * * any obscene, lewd, lascivious, filthy, indecent or disgusting book * * * is guilty of a misdemeanor.”
Complainant does not contend that the .entire book, which is an autobiography of the French novelist André Gide, is obscene within the meaning of our statute. The attack is chiefly upon part II, comprising approximately seventy-six pages, which,…
2Cases cited9 opinions
- Halsey v. New York Society for the Suppression of ViceNew York Court of Appeals · 1922
- People v. . EastmanNew York Court of Appeals · 1907
- People v. PeskyNew York Court of Appeals · 1930
- People v. BergAppellate Division of the Supreme Court of the State of New York · 1934
- People v. PeskyAppellate Division of the Supreme Court of the State of New York · 1930
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bantam Books, Inc. v. MelkoNew Jersey Superior Court Appellate Division · 1953
- People v. Creative Age Press, Inc.New York City Magistrates' Court · 1948
- People v. Vanguard Press, Inc.New York City Magistrates' Court · 1947