People v. Wrench

Defendant was charged with having violated section 235.05 of the Penal Law on April 12, 1973. The case was tried by the court without a jury upon defendant’s waiver. At issue is the purchase by a police officer from the defendant of one magazine entitled, "Liaison”. The testi*96mony is basically uncontroverted. The premises wherein the police officer purchased the allegedly obscene book is an ordinary bookstore entered from the street in a shopping center. This store contains a variety of reading material. In the front main portion of the store, the material displayed is the usual material one…