People v. Gomez

The defendant arrested and charged Yvith violation of section 235.05 of the Penal Law in that, allegedly knowing its contents and character, he promoted obscene material and possessed it with intent to promote it, moves to suppress evidence consisting of an allegedly pornographic magazine which was seized by a police officer in a bookstore open to the public. The motion is grounded upon the alleged absence of probable cause, and uncontroverted absence of a search warrant issued pursuant to CPL 690.05, 690.10, 690.35 (subd. 2, par. [b]) and subdivision 2 of CPL 690.40 designating or describing…