Legal Opinion
People v. North Street Book Shoppe, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Yesawich, Jr., J.
This appeal stems from defendant’s sale of two sexually explicit magazines and resultant conviction of two counts of obscenity in the third degree (Penal Law § 235.05). An investigator with the District Attorney’s office had purchased the magazines, classified by defendant’s sales clerk as "hard core”, on the pretext that they were to be a gag gift for a friend who was about to be married. The primary issue on appeal is the constitutionality of Penal Law § 235.00 (1) and § 235.05. In addressing that issue it bears repeating that statutes enjoy a…
2Cases cited17 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Smith v. United StatesSupreme Court of the United States · 1977
- New York State Liquor Authority v. BellancaSupreme Court of the United States · 1981
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
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3Cited by4 opinions
- People v. CrandallAppellate Division of the Supreme Court of the State of New York · 1990
- The People v. Ricky A. LynchNew York Court of Appeals · 2015
- People v. SchehrAppellate Division of the Supreme Court of the State of New York · 2003
- The People v. Ricky A. LynchNew York Court of Appeals · 2015