This section contains the nature of the case and procedural background.

D operates 'Sam's Stationery and Luncheonette.' D also sells magazines including some so-called 'girlie' magazines. D was prosecuted under two informations which charged that he personally sold a 16-year-old boy two 'girlie' magazines on each of two dates in October 1965, in violation of § 484-h of the New York Penal Law. D was found guilty on both counts. The judge found that while the magazines were not obscene to adults that the pictures were 'harmful to minors' in that they had, within the meaning of subsection 1 (f) 'that quality of . . . representation . . . of nudity . . . [which] . . . (i) predominantly appeals to the prurient, shameful or morbid interest of minors, and (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (iii) is utterly without redeeming social importance for minors.' The conviction was affirmed. The Supreme Court granted certiorari.

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