The following excerpt is from People v. Kirkpatrick, 295 N.E.2d 753, 32 N.Y.2d 17, 343 N.Y.S.2d 70 (N.Y. 1973):
The trial court both found actual knowledge and applied the statutory presumption. After having completed in its opinion its treatment of the statutory presumption it detailed the testimony of the booksellers in which they admitted personally [32 N.Y.2d 21] selling many copies of the magazine. It also noted that each defendant had ordered and reordered the magazine when a new issue came out or on exhaustion of the current supply. It wrote: 'Such facts are similar to those presented in People v. Weingarten, 50 Misc.2d 635, 640, 271 N.Y.S.2d 158, 164; aff'd, 55 Misc.2d 681, 286 N.Y.S.2d 429, reversed on other
Page 73
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.