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STATE v. DePIANO

150 N.J. Super. 309 (1977)

375 A.2d 1169

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEONARD DePIANO, DRY AMUSEMENT COMPANY, INC., AND ROBERT OWENS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1977.

Attorney(s) appearing for the Case

Mr. Robert E. Levy argued the cause for the appellants.

Mr. Benjamin D. Leibowitz, Deputy Attorney General, argued the cause for the respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges LYNCH, MILMED and ANTELL.

PER CURIAM.

A jury found all three defendants guilty of one count of an indictment which charged them with possessing, with intent to sell, obscene materials. Defendant Robert Owens was additionally found guilty of another count of the same indictment which charged him with selling three obscene magazines. Each offense is a misdemeanor under N.J.S.A. 2A:115-2. Defendants' pretrial motions to dismiss the indictment...

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