People v. Holmes

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of, inter alia, disseminating indecent material to minors in the first degree (Penal Law § 235.22). Defendant contends that the indictment is jurisdictionally defec*1633tive because it accuses him of acts, i.e., sending sexually explicit text messages to a 16-year-old girl, that do not constitute a crime. According to defendant, the act of sending telephone text messages does not involve the use of “any computer communication system allowing the input, output, examination or transfer, of computer data or computer…