Legal Opinion
People v. Martin
Criminal Court of the City of New York
Decided July 27, 1979PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Alain M. Bourgeois, J.
The defendants herein seek from this court a determination as to the constitutionality of the provisions of section 235.15 of *775the Penal Law. That section sets forth certain affirmative defenses to the charge of obscenity.
Subdivision 1 of section 235.15 of the Penal Law provides: "In any prosecution for obscenity, it is an affirmative defense that the persons to whom allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational, governmental or other…
2Cases cited14 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- United States v. HarrissSupreme Court of the United States · 1954
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3Cited by3 opinions
- 400 E. Baltimore Street, Inc. v. StateCourt of Special Appeals of Maryland · 1981
- State v. HenryCourt of Appeals of Oregon · 1986
- State v. HenryCourt of Appeals of Oregon · 1986