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PEOPLE v. O'BRIEN

66 Misc.2d 254 (1971)

The People of the State of New York, Plaintiff, v. Matthew O'Brien and Mod Cinema Corp., Defendants.

District Court of Nassau County, First District.

April 7, 1971

Attorney(s) appearing for the Case

William Cahn, District Attorney (George D. Levine of counsel), for plaintiff. Eleanor Jackson Piel for defendants.

FRANCIS J. DONOVAN, J.

The prosecution has moved this court for an adversary hearing preliminary to the issuance of a warrant for the seizure of a motion picture film. Such a preseizure hearing is required as a matter of constitutional right. (Bethview Amusement Corp. v. Cohn, 416 F.2d 410.)

We must now determine how to adapt our procedures to comply with the new Federal mandate.

The District Attorney...

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