Legal Opinion
Monserrate v. Upper Court Street Book Store, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1978PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Herlihy, J.
The facts are not disputed. In November of 1976, a police officer in civilian clothes, who did not disclose his official identity, entered each of the defendants’ business establishments and purchased two or three magazines and one article or device. All of the establishments were advertised as adult bookstores and the items purchased appeared to the officer to constitute hard-core pornography. On December 3, 1976, the investigator applied to the County Judge of Broome County for warrants authorizing searches of each bookstore and the seizure of property…
2Cases cited15 opinions
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- Heller v. New YorkSupreme Court of the United States · 1973
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Boyle v. KelleyNew York Court of Appeals · 1977
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Agresta v. RobertsAppellate Division of the Supreme Court of the State of New York · 1978
- People v. StisiAppellate Division of the Supreme Court of the State of New York · 1979