Legal Opinion
Rage Books, Inc. v. Leary
District Court, S.D. New York
Decided July 1, 1969No. 69 Civ. 847PublishedCited by 40 opinions
1Opinion of the Court
OPINION
POLLACK, District Judge.
The operator of a retail book store in the Times Square area of New York City sues members of the Police Department, the District Attorney and several State court judges for a declaratory judgment that Section 235.10(1) of the New York Penal Law, McKinney’s Consol.Laws, c. 40, which creates a statutory presumption relating to obscenity offenses, is unconstitutional and that Sections 791 et seq. of the New York Code of Criminal Procedure, governing search warrant procedures, are unconstitutional as applied to obscenity offenses. Plaintiff seeks a declaration that…
2Cases cited21 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Speiser v. RandallSupreme Court of the United States · 1958
- Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
- Cameron v. JohnsonSupreme Court of the United States · 1968
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Milky Way Productions, Inc. v. LearyDistrict Court, S.D. New York · 1970
- Astro Cinema Corp. Inc., John Justin and Jess Rockman v. Thomas J. MacKell District Attorney of Queens CountyCourt of Appeals for the Second Circuit · 1970
- People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.Supreme Court of Colorado · 1985
- United States v. Ferris J. Alexander and Edward J. AlexanderCourt of Appeals for the Eighth Circuit · 1970
- Duggan v. 807 Liberty Ave., Inc.Supreme Court of Pennsylvania · 1972
35 more not listed; retrieve them via the Exa API.