People v. Gorton

It is undisputed that defendant removed from the South Farmingdale branch of the Farmingdale Public Library a magazine because it contained what he regarded to be an obscene passage. Prior to the commission of such act, defendant had informed the senior librarian of his intention and warned that the use of force would be required to prevent him from removing the periodical from the library. After a trial by jury, defendant was convicted of petit larceny.

Defendant’s narrow contention on appeal is that the trial court erred in not permitting him to present evidence in support of his claim of…