People v. Abronovitz

Factually, it appears that on March 3, 1971, a member of the Police Department of the City of Rochester, and a member of the District Attorney’s .office of Monroe County, New York, purchased the magazines entitled, Swappers, Blazing Films, and Encyclopedia of Sex Facts at the defendants’ bookstore in the City of Rochester, New York. These magazines were thereafter taken to a Judge of the City Court of the City of Rochester, New York, who thereupon made an ex parte determination that these magazines were obscene in violation of section 235.05 of the Penal Law of the State of New York.

Based…