Burke v. Kingsley Books, Inc.

Disposition of the instant case was, after trial, held in abeyance pending determination of the issues of the claimed unconstitutionality and invalidity of section 22-a of the Code of Criminal Procedure. That statute has now been upheld by this court, by the Court of Appeals of New York and by the Supreme Court of the United States (Burke v. Kingsley Books, 208 Misc. 150, affd. sub nom. Brown v. Kingsley Books, 1 N Y 2d 177, affd. sub nom. Kingsley Books v. Brown, 354 U. S. 436).

The sole questions now remaining are (1) whether the so-called “ strip-tease nudes ” photographs found available…