THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
THOMAS R. FOLEY, SR., Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued and submitted February 16, 2000.
Decided April 11, 2000.
Attorney(s) appearing for the Case
Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, L. L. P., Buffalo (Roger W. Wilcox, Jr., and Paul J. Cambria, Jr., of counsel), for appellant.
Michael A. Arcuri, District Attorney of Oneida County, Utica (William M. Weber of counsel), for respondent.
Eliot Spitzer, Attorney General, New York City (Preeta D. Bansal, Robin A. Forshaw, Mark H. Levine and James M. Hershler of counsel), in his statutory capacity under Executive Law § 71.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
WESLEY, J.
The main issue in this appeal focuses on the constitutionality of Penal Law § 235.22, enacted to address the convergence of predatory pedophile activity with Internet technology. Defendant contends that Penal Law § 235.22 is overbroad and vague, that it is a content-based restriction that cannot survive strict scrutiny under the First Amendment, and that it violates the...
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