People v. Vanguard Press, Inc.

Strong, M.

Although this proceeding is merely a hearing on the misdemeanor charge of violating section 1141 of the Penal Law by the sale of a book entitled, “ End As A Man,” published by the defendant, the question as to whether it is “ obscene, lewd, lascivious, filthy, indecent or disgusting ” within the meaning of that section must be determined by the magistrate substantially as though the proceeding were an actual trial of the charge. The same standards should be applied and, if the magistrate finds that the book fails to meet the prevailing judicial tests for such a characterization, by…