People v. Revo

• Citation: 15 N.Y.2d 743,257 N.Y.S.2d 173
• Parties: , 205 N.E.2d 310 The PEOPLE, etc., Respondent, v. Harry REVO, Appellant.
• Decision Date: 14 January 1965
• Court: New York Court of Appeals Court of Appeals

Page 173

257 N.Y.S.2d 173

15 N.Y.2d 743, 205 N.E.2d 310

The PEOPLE, etc., Respondent, v. Harry REVO, Appellant.

Court of Appeals of New York.

Jan. 14, 1965.

Appeal from Supreme Court, Appellate Term, First Department.

Defendant was convicted of violating Section 1141 of the Penal Law, Consol.Laws, c. 40, dealing with obscene prints and articles. The Criminal Court of the City of New York, New York County, entered judgment, and the defendant appealed.

The Appellate Term affirmed the judgment.

The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that reel of film projecting a single nude female figure did not violate Section 1141 of the Penal Law.

Ira H. Holley, New York City, for defendant-appellant.

Frank S. Hogan, New York City (H. Richard Uviller and Alan Frederick Leibowitz, New York City, of counsel), for respondent.

Judgment reversed and information dismissed upon the ground that the single film which remains in the record is not obscene within the holdings of the United States Supreme Court in Jacobellis v. State of Ohio, 378 U.S. 184, 84 S.Ct. 1676, 12 L.Ed.2d 793; Grove Press, Inc. v. Gerstein, 378 U.S. 577, 84 S.Ct. 1909, 12 L.Ed.2d 1035; Tralins v. Gerstein, 378 U.S. 576, 84 S.Ct. 1903, 12 L.Ed.2d 1033; Kingsley Intern. Pictures Corp. v. Regents, 360 U.S. 684, 79 S.Ct. 1362, 3 L.Ed.2d 1512; Times Film Corp. v. City of Chicago, 355 U.S. 35, 78 S.Ct. 115, 2 L.Ed.2d 72; One, Inc. v. Olesen, 355 U.S. 371, 78 S.Ct. 364, 2 L.Ed.2d 352, and Manual Enterprises v. Day, 370 U.S. 478, 82 S.Ct. 1432, 8 L.Ed.2d 639.

All concur.