People v. Fraser
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Pigott, Jr., J.
Defendant appeals from a judgment convicting him, upon a *107jury verdict, of two counts of possessing a sexual performance by a child (Penal Law § 263.16). Defendant contends that a visual image stored in a computer hard drive is not a “photograph” within the meaning of Penal Law § 263.00 (4), and that County Court erred in denying his requests to charge the affirmative defense set forth in Penal Law § 235.15 (1) and the justification defense set forth in Penal Law § 15.20 (2) (a). The judgment should be affirmed.
I
At about 9:00 a.m. on June 12, 1998, the…
2Cases cited7 opinions
- New York v. FerberSupreme Court of the United States · 1982
- Osborne v. OhioSupreme Court of the United States · 1990
- People v. FerberNew York Court of Appeals · 1982
- People v. MarreroNew York Court of Appeals · 1987
- People v. KeyesNew York Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Moore v. StateCourt of Appeals of Maryland · 2005
- Perry v. CommonwealthMassachusetts Supreme Judicial Court · 2002
- Fraser v. SleeperSupreme Court of Vermont · 2007
- People v. FraserNew York Court of Appeals · 2001
- KIMS, II, STANLEY R., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
4 more not listed; retrieve them via the Exa API.