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ASTRO CINEMA CORP. INC. v. MACKELL

No. 462, Docket 34025.

422 F.2d 293 (1970)

ASTRO CINEMA CORP. INC., John Justin and Jess Rockman, Appellants, v. Thomas J. MACKELL, District Attorney of Queens County, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 24, 1970.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for appellants.

Mortimer Sattler, Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of the State of New York, for appellee.

Before KAUFMAN and FEINBERG, Circuit Judges, and PALMIERI, District Judge.

IRVING R. KAUFMAN, Circuit Judge.

On May 7, 1969, acting pursuant to a warrant issued earlier the same day, police seized the motion picture film "The Odd Triangle" and arrested the projectionist and threatre manager at the Hollis Cinema Theatre, in Queens, New York, charging them with violation of New York's obscenity statute, Penal Law, McKinney's Consol.Laws, c. 40, § 235.05. Appellants, Astro Cinema Corp. Inc., owner of the theatre, John Justin and Jess Rockman...

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