People v. Emerson

OPINION OF THE COURT

Kenneth R. Fisher, J.

The defendant stands charged in a 43 count indictment with possessing a sexual performance by a child, in violation of Penal Law § 263.16, in his computer. Each of the 43 counts are identical, with the exception that a different image is alleged in each count, corresponding to a different computer file name. Defendant moves to suppress the evidence against him on the ground that the computer on which these images were found was seized without a warrant by the police, and on the further ground that, immediately prior to the seizure, which occurred…