People v. Eros Cinema Corp.

Defendant corporation is charged with violation of the obscenity statute (Penal Law, § 235.05) in that it possessed and permitted public viewing of two motion picture films depicting various acts of sexual intercourse and deviate sexual acts between nude males and females.

This prosecution was instituted by the service of a complaint by a police officer on the defendant corporation without any prior judicial scrutiny or adversary proceedings. No arrests were made nor were the films seized.

Defendant moves to dismiss the complaint asserting in substance that the absence of prior judicial…