People v. Kahan

Burke, J. (dissenting).

Respondents in these cases have been convicted under section 484-h of the Penal Law of .selling allegedly obscene .pictures and publications to minors under 18 years of age. 'These are what are commonly known as “ girlie ” magazines. Under the decisions of the United States Supreme Court and of this court they would not be classified as obscene in the case of adults (Larkin v. Putnam’s Sons, 14 N Y 2d 399; People v. Revo, 15 N Y 2d 743, and cases cited). The question here is whether these publications can be held *315to have been obscene when sold to 'children younger than…