People v. Zwickler

CourtNew York Court of Appeals
Citation16 N.Y.2d 1069,213 N.E.2d 467,266 N.Y.S.2d 140
Parties, 213 N.E.2d 467 The PEOPLE, etc., Appellant, v. Sanford ZWICKLER, Respondent.
Decision Date01 December 1965

Appeal from Supreme Court, Appellate Term, Second Judicial Department.

Defendant was convicted of violating Section 781-b of the Penal Law, Consol.Laws, c. 40, making it a misdemeanor to print political literature without the name and address of the printer and of the person or committee at whose instance or request the literature was printed.

The Criminal Court of the City of New York, Kings County, John J. Ryan, J., entered a judgment, and the defendant appealed.

The Appellate Term entered an order which reversed, on the facts, the judgment of the Criminal Court and dismissed the complaint and held that the People failed to establish that defendant distributed anonymous literature in quantity in violation of Section 781-b of the Penal Law.

The People of the State of New York appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals.

Aaron E. Koota, Brooklyn (Harry Brodbar and Raymond J. Scanlan, Brooklyn, of counsel), for appellants.

Emanuel Redfield, New York City, for respondent.

Order affirmed.

All concur.

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9 cases
  • Grove Press, Inc. v. Bailey
    • United States
    • U.S. District Court — Northern District of Alabama
    • August 14, 1970
    ...a New York Supreme Court on State law grounds and this reversal was affirmed by the New York Court of Appeals. People v. Zwickler, 16 N.Y.2d 1069, 266 N.Y.S.2d 140, 213 N.E.2d 467. During future arrests for distribution, Zwickler invoked the jurisdiction of a three-judge federal district co......
  • Zwickler v. Koota
    • United States
    • U.S. Supreme Court
    • December 5, 1967
    ...by the New York Supreme Court, Appellate Term, 2 and the New York Court of Appeals affirmed without opinion, People v. Zwickler, 16 N.Y.2d 1069, 266 N.Y.S.2d 140, 213 N.E.2d 467. Thereafter appellant, invoking the District Court's jurisdiction under the Civil Rights Act, 28 U.S.C. § 1343, a......
  • People v. Duryea
    • United States
    • New York Supreme Court
    • January 24, 1974
    ... ...         Potentially the most significant of all these decisions was Zwickler v. Koota, 290 F.Supp. 244 (E.D.N.Y.1968), where a special three-judge court ruled on identical predecessor to the statute under attack in the instant case unconstitutionally overbroad. The decision was later reversed as moot, however, by the Supreme Court (sub nom., Golden v. Zwickler, 394 U.S ... ...
  • Zwickler v. Koota
    • United States
    • U.S. District Court — Eastern District of New York
    • May 6, 1968
    ...the constitutional question had not been reached.4 The New York Court of Appeals affirmed without opinion, People v. Zwickler, 16 N.Y.2d 1069, 266 N.Y.S. 2d 140, 213 N.E.2d 467. Zwickler next invoked the Federal District Court's jurisdiction under the Civil Rights Act, 28 U.S.C. § 1343, and......
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