People v. Gaito

Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered January 31, 1989, upon a verdict convicting defendant of the crimes of use of a child in a sexual performance (eight counts) and sodomy in the second degree.

Defendant was indicted on multiple counts for use of a child in a sexual performance (Penal Law § 263.05) and sodomy and ultimately convicted on those charges arising out of photographic sessions conducted by defendant. The subjects were two young sisters who were 12 and 13 years old. On appeal, defendant contends that absent proof that the…