People v. Mishkin

New York Court of Appeals

People v. Mishkin

205 N.E.2d 201, 15 N.Y.2d 724, 256 N.Y.S.2d 936, 1965 N.Y. LEXIS 1720

DecidedJanuary 7, 1965

StatusPublished

This text of 205 N.E.2d 201 (People v. Mishkin) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Mishkin, 205 N.E.2d 201, 15 N.Y.2d 724, 256 N.Y.S.2d 936, 1965 N.Y. LEXIS 1720 (N.Y. 1965).

Pincite

Opinion

Motion to amend remittitur granted. Return of remittitur requested and,' when returned, it will be amended by adding thereto the following: Defendant argued that section 1141 of the Penal Law of the State of New York is invalid under the Constitution of the United States for proscribing sadistic and masochistic publications in general and as applied to the publications in. this case in particular and, also, for vagueness ; and, further, that his rights under the-Fourth and Fourteenth Amendments to the, Constitution were violated, respectively; by unlawful searches and seizures and by his conviction without proof that he was aware of the obscene nature of the publications. This court held that section 1141 of the Penal Law was valid and that there was no violation of the rights of defendant either under the Constitution' of the United States or the Amendments thereto. [See 15 N Y 2d 671.]

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Motion to amend remittitur granted. Return of remittitur requested and,' when returned, it will be amended by adding thereto the following: Defendant argued that section 1141 of the Penal Law of the State of New York is invalid under the Constitution of the United States for proscribing sadistic and masochistic publications in general and as applied to the publications in. this case in particular and, also, for vagueness ; and, further, that his rights under the-Fourth and Fourteenth Amendments to the, Constitution were violated, respectively; by unlawful searches and seizures and by his conviction without proof that he was aware of the obscene nature of the publications. This court held that section 1141 of the Penal Law was valid and that there was no violation of the rights of defendant either under the Constitution' of the United States or the Amendments thereto. [See 15 N Y 2d 671.]

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Bluebook (online)

205 N.E.2d 201, 15 N.Y.2d 724, 256 N.Y.S.2d 936, 1965 N.Y. LEXIS 1720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mishkin-ny-1965.