Court of Appeals of New York

In a prosecution for Promoting a Sexual Performance by a Child (Penal Law section 263.15) and Possessing a Sexual Performance by a Child (Penal Law section 263.16): 1) convictions with respect to a web page are reversed, where the People did not demonstrate that the defendant knew that the page had been cached, and the People presented no evidence that the defendant downloaded, saved, printed or otherwise manipulated or controlled the image while it was on his screen; and 2) convictions with respect to a downloaded video, and for possession of .jpg images of child pornography recovered from the unallocated space on the defendant's computer, are affirmed.

Appellate Information

• Decided 05/08/2012
• Published 05/08/2012

Judges

• Ciparick

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Nathan Z. Dershowitz, Bridget Rahilly Steller