People v. Piznarski

OPINION OF THE COURT

Stein, J.

This case, apparently one of first impression, involves the application of New York’s unlawful surveillance statute (see Penal Law § 250.45) to the prosecution of a defendant accused of video recording his sexual activities without the knowledge or consent of the other participants.

In the fall of 2009, defendant and victim A, both college students attending the same university, began dating. In March 2010, defendant used his digital camera to secretly record victim A performing oral sex on him while they were in the bedroom of *171his apartment. Defendant and victim A…