People v. Masucci

—Peters, J.

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered July 13, 1998, convicting defendant upon his plea of guilty of five counts of the crime of possessing an obscene sexual performance by a child.

During a search of defendant’s home following his arrest on an unrelated crime, the police discovered five magazines containing child pornography. Defendant was ultimately acquitted of the charge on which he was initially arrested and he thereafter entered a plea of guilty of five counts of possessing an obscene performance by a child. He was sentenced to…