People v. AJS Merchandising, Inc.

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendants appeal from a judgment convicting them of one count of obscenity in the third degree, stemming from their sale of a videotape entitled "Sex Wish” to a police officer. Defendants were charged in the indictment with illegally promoting material depicting or describing "sexual intercourse, sodomy, masturbation and/or lewd exhibition of genitals.” However, the court charged the jury with respect to the entire definition of obscenity set forth in Penal Law § 235.00 (1), which also includes sexual bestiality,…