New York Court of Appeals December 28, 1973 (People v. Heller)

Wachtler, J.

(dissenting). Under its decision in Miller v. California (413 U. S. 15) the United States Supreme Court gives this court two choices. We can declare our existing obscenity statute unconstitutional, reverse the judgments of conviction now before us, and await corrective action by the Legislature — or we can accept the Supreme Court’s invitation to authoritatively construe the