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BETHVIEW AMUSEMENT v. JUDGES NASSAU CO.

66 Misc.2d 717 (1971)

In the Matter of Bethview Amusement Corp., Petitioner, v. Judges of the Nassau County District Court, Assigned to Sit as Judges of the Courts of Special Sessions, Respondents.

Supreme Court, Special Term, Nassau County.

May 26, 1971

Attorney(s) appearing for the Case

Bracken & Sutter for petitioner. William Cahn, District Attorney, for respondents.

JOSEPH A. SUOZZI, J.

Can the District Court of Nassau County, or any criminal court of comparable and limited jurisdiction, conduct an "adversary hearing" required by the United States Supreme Court (A Quantity of Books v. Kansas, 378 U.S. 205 [1964]), before obscene materials may be seized? This is the issue presented by this article 78 proceeding in the nature of prohibition by which the petitioner seeks an injunction...

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