Legal Opinion

People v. Horner

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 2002PublishedCited by 15 opinions

1Opinion of the Court

—Peters, J.

Appeal from an amended order of the County Court of Chenango County (Sullivan, J.), entered October 29, 2001, which granted defendant’s motion to dismiss the indictment.

Defendant was indicted by a Chenango County grand jury on one count each of possessing a sexual performance by a child (Penal Law § 263.16) and attempted use of a child in a sexual performance (Penal Law §§ 110.00, 263.05). The charges arose from defendant’s possession of over 100 downloaded Internet-reproduced photographs featuring young boys, some nude and some wearing skimpy swimsuits or briefs, as well as the…

2Cases cited15 opinions

  1. People v. HustonNew York Court of Appeals · 1996
  2. United States v. DostDistrict Court, S.D. California · 1986
  3. United States v. Stephen A. KnoxCourt of Appeals for the Third Circuit · 1994
  4. People v. JensenNew York Court of Appeals · 1995
  5. People v. WerblowNew York Court of Appeals · 1925

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3Cited by15 opinions

  1. Figueroa v. MazzaCourt of Appeals for the Second Circuit · 2016
  2. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. OmowaleAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. TuckerAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. BimonteAppellate Terms of the Supreme Court of New York · 2003

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