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Per Curiam. The decision in People v. Bookcase, Inc. (14 N Y 2d 409) implied that a constitutionally valid statute defining obscenity in its impact on the young, as distinguished from obscenity in respect of adults, might emerge under careful
*312 draftsmanship. We find defects in draftsmanship of section 484--b of the Penal Law which seem to be remediable both in respect of its -substantive definitions and in respect of scienter as to contents and the age of the customer. (Cf. Smith v. California, 361 U. S. 147.)The orders should be affirmed.
Document Info
Judges: Burke, Fuld
Filed Date: 3/18/1965
Precedential Status: Precedential
Modified Date: 10/19/2024