Legal Opinion
People v. Morgan
Criminal Court of the City of New York
Decided September 2, 1971PublishedCited by 4 opinions
1Opinion of the CourtWilliam E. Bingel, J.
The defendant is charged with violating the obscenity statute (Penal Law, § 235.05) in that, knowing its contents and character, he promoted and possessed, with intent to promote, certain obscene motion picture films.
This prosecution was initiated by an arrest by a police officer, executed without a warrant, after he had viewed a certain motion picture film. The film was not seized nor was there any prior judicial scrutiny thereof'.
Defendant contends that absent prior judicial scrutiny, the arrest is unlawful and fatal to the prosecution. On the other hand the People contend that the film…
2Cases cited18 opinions
- Brinegar v. United StatesSupreme Court of the United States · 1949
- Bantam Books, Inc. v. SullivanSupreme Court of the United States · 1963
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- United States v. Paramount Pictures, Inc.Supreme Court of the United States · 1948
- A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bryers v. StateCourt of Criminal Appeals of Texas · 1972
- People v. Mature Enterprises, Inc.Criminal Court of the City of New York · 1973
- People v. P. A. J. Theater Corp.Criminal Court of the City of New York · 1972
- People v. WrenchCriminal Court of the City of New York · 1973