People v. Bimonte

*588OPINION OF THE COURT

Memorandum.

Judgment of conviction affirmed.

Defendant was charged with two counts of attempted possession of a sexual performance by a child (Penal Law §§ 110.00, 263.16) based upon two photographs which he took of his daughters, aged 5 and 7, while on vacation in Florida. On this appeal, defendant, in essence, contends that the statute (Penal Law § 263.16) cannot be constitutionally applied to a parent who takes two nude photographs of his children, on a roll of film containing otherwise innocuous photographs, absent any evidence of an intent to distribute, publish or…