Legal Opinion
People v. Fraser
New York Court of Appeals
Decided February 20, 2001PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The primary issue is whether constitutional and statutory defenses should have been allowed during defendant’s prosecution for possessing a sexual performance by a child. We hold that the defendant was properly convicted.
Defendant took his computer to a repair shop to replace the hard drive. While servicing the computer, a technician noticed that some of the graphic files had suspicious titles implying child pornography. Before defendant returned to retrieve his computer, the technician copied some of the files from defendant’s hard drive. When the technician and…
2Cases cited8 opinions
- Miller v. CaliforniaSupreme Court of the United States · 1973
- New York v. FerberSupreme Court of the United States · 1982
- Stanley v. GeorgiaSupreme Court of the United States · 1969
- Osborne v. OhioSupreme Court of the United States · 1990
- People v. WalkerNew York Court of Appeals · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. KentNew York Court of Appeals · 2012
- Perry v. CommonwealthMassachusetts Supreme Judicial Court · 2002
- Fraser v. SleeperSupreme Court of Vermont · 2007
- People v. KentAppellate Division of the Supreme Court of the State of New York · 2010
- KIMS, II, STANLEY R., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
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