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PEOPLE v. FOLEY

257 A.D.2d 243 (1999)

692 N.Y.S.2d 248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS R. FOLEY, SR., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 18, 1999.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, L. L. P., Buffalo (Paul J. Cambria, Jr. and Roger W. Wilcox, Jr., of counsel), for appellant.

Michael Angelo Arcuri, District Attorney of Oneida County, Utica (William M. Weber of counsel), for respondent.

PINE, J. P., PIGOTT, JR., SCUDDER and BALIO, JJ., concur.

OPINION OF THE COURT

HAYES, J.

Defendant appeals from a judgment convicting him following a jury trial of two counts each of promoting a sexual performance by a child (Penal Law § 263.15) and attempted disseminating indecent material to minors in the first degree (Penal Law §§ 110.00, 235.22). Defendant challenges the constitutionality of Penal Law § 235.22 and contends that alleged errors that occurred during trial require reversal....

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