Opinion
May 2, 1949.
Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting the appellant of the crime of offering to sell phonograph records upon which obscene matter was recorded, in violation of subdivision 1 of section 1141 of the Penal Law, and imposing sentence thereon, modified on the facts by reducing the sentence to the period already served. As thus modified, the judgment is affirmed. No opinion. Adel, Wenzel and MacCrate, JJ., concur; Carswell, Acting P.J., and Johnston, J., dissent and vote to affirm.