People v. Chang

The defendants move to suppress certain evidence which the People seek to introduce at the present trial. The defendants presently are being tried for obscenity. The defendants contend that the People are estopped from introducing the evidence of alleged acts of sodomy due to a prior acquittal of the defendants on a charge of consensual sodomy. The point raised by the defense appears to be unique in this jurisdiction.

The factual pattern of the situation evolved as follows:

The defendants were initially tried on the charges of consensual sodomy (Penal Law, § 130.38) and promotion of obscenity1…