People v. Howell

Defendants herein have, after trial before this court without a jury, been found guilty as charged, i.e., each with having twice violated subdivision 1 of section 235.05 of the Penal Law promoting obscenity in the second degree. They now have moved, before sentence, pursuant to CPL 330.30 (subd 1) for a setting aside of the verdicts and dismissal of the informations herein, on the ground that said *723subdivision 1 of section 235.05 of the Penal Law is, in conjunction with subdivision 1 of section 235.15, unconstitutional.

The first question which arises is the procedural propriety of considering…