Opinion · New York Court of Appeals

People v. Kahan

People v. Kahan, 15 N.Y.2d 311 (New York Court of Appeals 1965)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1965-03-18
Topic
general

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 *312draftsmanship. 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.

Citator

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Cited by
22 opinions
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.