People v. Lida

The defendant is charged with a violation of section 484-h of the Penal Law, in that, on January 21, 1964, he sold to one, Joseph Batti, a minor 16 years of age, a magazine entitled ‘' JEM ’ ’ which, the People charge falls within the prohibition of that section.

The court read the magazine. It consists of 75 pages and contains some short stories dealing with sex, as well as a number of photographs, some in black and white and others in color, on 20 of the 75 pages, which show nude and partially nude women.

Section 484-h of the Penal Law, insofar as it applies to this case provides that££ A…