Legal Opinion

People v. Kozlow

New York Court of Appeals

Decided April 26, 2007PublishedCited by 20 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

We hold that a defendant charged with attempted dissemination of indecent material to minors in the first degree under Penal Law § 110.00 and former § 235.22 (L 1996, ch 600, § 6) may properly be convicted under that statute even though his communications contained no nude or sexual images.

I

On March 4, 2004, defendant Jeffrey Kozlow entered an Internet chat room and, by instant messaging, approached a person with the screen name “JohnInYonkers914,” who immediately gave his age as 14. “[I]’m 42; [I]’m into younger guys,” Kozlow wrote, “u into guys my age?”…

2Cases cited3 opinions

  1. United States v. PetrilloSupreme Court of the United States · 1947
  2. People v. ShackNew York Court of Appeals · 1995
  3. People v. FoleyNew York Court of Appeals · 2000

3Cited by20 opinions

  1. People v. PriceNew York Court of Appeals · 2010
  2. People v. KozlowAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. WichtAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. HolmesAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. PriceAppellate Division of the Supreme Court of the State of New York · 2009

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