New York Court of Appeals
The People of the State of New York v. Saul Heller, Appellant the People of the State of New York v. Jim Buckley and…
December 28, 197333 N.Y.2d 314
Summary
The Court upheld the constitutionality of New York Penal Law § 235.00, finding it sufficiently specific and not void for vagueness under the Miller obscenity test, and affirmed the convictions of the Heller and Buckley defendants. The dissenting judges argued that the statute remains unconstitutionally vague and should be struck down.