PEOPLE v. FRASER


264 A.D.2d 105 (2000)

704 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL FRASER, Appellant.

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

February 16, 2000.


Attorney(s) appearing for the Case

Michael A. Arcuri, District Attorney of Oneida County, Utica (Michael A. Colluzza of counsel), for respondent.

Mark A. Wolber, Utica, for appellant.

HAYES, J. P., WISNER, SCUDDER and LAWTON, JJ., concur.


OPINION OF THE COURT

PIGOTT, JR., J.

Defendant appeals from a judgment convicting him, upon a jury verdict, of two counts of possessing a sexual performance by a child (Penal Law § 263.16). Defendant contends that a visual image stored in a computer hard drive is not a "photograph" within the meaning of Penal Law § 263.00 (4), and that County Court erred in denying his requests to charge the affirmative...

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