People v. Stabile
Criminal Court of the City of New York
1Opinion of the CourtWilliam E. Ringel, J.
The defendants, charged with a violation of the obscenity law in that they did knowingly sell various allegedly obscene magazines to undercover policemen (Penal Law, § 235.05), move to dismiss the complaints against them on the ground that the subject matter of each complaint is constitutionally protected under the First Amendment to the United States Constitution and is not obscene as a matter of law. Each defendant now before the court, 12 in all, although separately charged, has been joined by consent of the parties for the purposes of this motion.
The People concede that none of these…
2Cases cited26 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Prince v. MassachusettsSupreme Court of the United States · 1944
- Jacobellis v. OhioSupreme Court of the United States · 1964
- Ginsberg v. New YorkSupreme Court of the United States · 1968
- Gitlow v. New YorkSupreme Court of the United States · 1925
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3Cited by17 opinions
- People v. HellerNew York Court of Appeals · 1973
- People v. KirkpatrickCriminal Court of the City of New York · 1970
- People v. ClarkCriminal Court of the City of New York · 1969
- Astro Cinema Corp. v. MackellDistrict Court, E.D. New York · 1969
- People v. Abronovitz, New York County Courts1970
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