Legal Opinion
People v. Kirkpatrick
New York Court of Appeals
Decided March 15, 1973PublishedCited by 71 opinions
1Opinion of the CourtBreitel, J.
A so-called adult comic magazine called Zap No. 4 has been found obscene and for its sale two booksellers in separate cases tried together have been convicted of a violation of section 235.05 of the Penal Law. Each of the defendants was fined $500 and if the fine was not paid to serve 90 days in jail. The fines were paid. The Appellate Term affirmed, and defendants appeal by leave of an Associate Judge of this court.
The fact of obscenity need not be dwelt upon at this time. Most of this court agree with the courts below that the material sold was obscene, and its nature was discussed by the…
2Cases cited22 opinions
- Leary v. United StatesSupreme Court of the United States · 1969
- Smith v. CaliforniaSupreme Court of the United States · 1960
- McGautha v. CaliforniaSupreme Court of the United States · 1971
- United States v. CalderonSupreme Court of the United States · 1954
- Earl R. Cephus v. United StatesCourt of Appeals for the D.C. Circuit · 1963
17 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- People v. HinesNew York Court of Appeals · 2001
- People v. PayneNew York Court of Appeals · 2004
- People v. LeyvaNew York Court of Appeals · 1975
- Red Bluff Drive-In, Inc. v. VanceCourt of Appeals for the Fifth Circuit · 1981
- People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.Supreme Court of Colorado · 1985
66 more not listed; retrieve them via the Exa API.