Legal Opinion
People v. Douglas
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1961PublishedCited by 4 opinions
1Opinion of the CourtReynolds, J.
The defendants herein were indicted for selling obscene magazines, a misdemeanor in violation of section 1141 of the Penal Law (“ Obscene prints * * * ”) and moved for the dismissal of said indictment on all the grounds of demurrer set forth in section 323 of the Code of Criminal Procedure except those in subdivision 5. The Special County Judge dismissed the indictment on the ground that subdivision 1 of section 1141 of the Penal Law is unconstitutional, being contrary to the letter and spirit of the 14th Amendment of the United States Constitution and section 8 of article I of the…
2Cases cited10 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Smith v. CaliforniaSupreme Court of the United States · 1960
- Winters v. New YorkSupreme Court of the United States · 1948
- Adler v. Board of Ed. of City of New YorkSupreme Court of the United States · 1952
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
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3Cited by4 opinions
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1978
- People v. CollocaAppellate Division of the Supreme Court of the State of New York · 1977
- People v. RathbunAppellate Division of the Supreme Court of the State of New York · 1975
- People v. BottcherNew York Supreme Court · 1978