Appeal by defendant from a judgment of the former County Court, Queens- County, rendered November 7, 1960 after a jury trial, convicting him of possession with intent to sell and distribute an obscene magazine (Penal Law; J 1141), and imposing sentence. '• Judgment reversed on the law; indictment dismissed; line directed to be remitted; and bail directed to be exonerated. The findings 'of fact implicit in the verdict are affirmed. We are- constrained by the determinations in Sunshine Book Co. v. Summerfield (355 U. S. 372) and Matter of Excelsior Pictures Corp. v. Regents (3 N Y 2d 237, mot. for rearg. den., 3 N Y 2d 942) to hold that the 1958 Annual Edition of the magazine “ Sunshine and Health ” is not obscene. 1-f we were not required as matter of law to reach such conclusion, we would have affirmed the judgment. , (For, decision on motion to dismiss indictment, see 22 Misc 2d 722; and for decision on motion for certificate of reasonable doubt, see 208 N. Y. S. 2d 49.) Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.
People v. Cohen
22 A.D.2d 932
N.Y. App. Div.1964Check TreatmentAI-generated responses must be verified and are not legal advice.