PEOPLE v. MASUCCI


266 A.D.2d 579 (1999)

697 N.Y.S.2d 755

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MASUCCI, Appellant.

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

Decided November 4, 1999.


Peters, J.

During a search of defendant's home following his arrest on an unrelated crime, the police discovered five magazines containing child pornography. Defendant was ultimately acquitted of the charge on which he was initially arrested and he thereafter entered a plea of guilty of five counts of possessing an obscene performance by a child. He was sentenced to concurrent terms of 1 1/3 to 4 years in prison, and a fine of $10,000 was also imposed.

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