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People v. Carlos

Court of Appeals of the State of New York
Apr 16, 1969
24 N.Y.2d 865 (N.Y. 1969)

Opinion

Argued March 5, 1969

Decided April 16, 1969

Appeal from the Jefferson County Court, GEORGE G. INGLEHART, JR., J.

Herald Price Fahringer for appellant.

William J. McClusky, District Attorney, for respondent.


Judgment affirmed.

Concur: Judges BURKE, SCILEPPI, KEATING, BREITEL and JASEN. Chief Judge FULD dissents and votes to reverse in the following opinion in which Judge BERGAN concurs.


Although the magazines before us are inexcusably vulgar and tawdry, I do not see how, in the light of constitutional principles heretofore enunciated, they may be held obscene either under the tests laid down by our decisions (see People v. Richmond County News, 9 N.Y.2d 578, 586-587; People v. Finkelstein, 11 N.Y.2d 300, 304, 305; Larkin v. Putnam's Sons, 14 N.Y.2d 399; cf. People v. G.I. Distrs., 20 N.Y.2d 104, 107) or under Federal standards. (See, e.g., Redrup v. New York, 386 U.S. 767; Conner v. City of Hammond, 389 U.S. 48; Felton v. City of Pensacola, 390 U.S. 340; Memoirs v. Massachusetts, 383 U.S. 413; Roth v. United States, 354 U.S. 476; see, also, People v. Noroff, 67 Cal.2d 791, 794, n. 6.) "[T]he price of freedom * * * of speech or of the press", as Justice JACKSON reminded us in United States v. Ballard ( 322 U.S. 78, 95 [dissenting opn.]), "is that we must put up with, and even pay for, a good deal of rubbish."

I would, therefore, reverse the judgment of conviction.

Judgment affirmed.


Summaries of

People v. Carlos

Court of Appeals of the State of New York
Apr 16, 1969
24 N.Y.2d 865 (N.Y. 1969)
Case details for

People v. Carlos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS CARLOS, Appellant

Court:Court of Appeals of the State of New York

Date published: Apr 16, 1969

Citations

24 N.Y.2d 865 (N.Y. 1969)
301 N.Y.S.2d 96
248 N.E.2d 924

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