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People v. One 1976 Ford Van

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 1977
59 A.D.2d 1045 (N.Y. App. Div. 1977)

Opinion

November 14, 1977

Appeal from the Oneida Supreme Court.

Present — Marsh, P.J., Moule, Cardamone, Simons and Dillon, JJ.


Order unanimously affirmed, without costs. Memorandum: The definition of obscenity set forth in subdivision 9 of section 410.00 Penal of the Penal Law is clearly unconstitutional (see Miller v California, 413 U.S. 15, 25; Plaza Dev. Corp. v Vogt, 52 A.D.2d 396). Since the record does not support the People's theory that the materials contained in the vehicle were "judicially declared to be obscene" pursuant to the standards set forth in section 235.00 Penal of the Penal Law rather than subdivision 9 of section 410.00 Penal of the Penal Law, there is no need to determine whether subdivision 9 is severable from the remainder of the statute.


Summaries of

People v. One 1976 Ford Van

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 1977
59 A.D.2d 1045 (N.Y. App. Div. 1977)
Case details for

People v. One 1976 Ford Van

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ONE 1976 FORD VAN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 14, 1977

Citations

59 A.D.2d 1045 (N.Y. App. Div. 1977)

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