PEOPLE v. FRASER


96 N.Y.2d 318 (2001)

752 N.E.2d 244

728 N.Y.S.2d 115

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

Court of Appeals of the State of New York.

Decided February 20, 2001.


Attorney(s) appearing for the Case

Mark A. Wolber, Utica, for appellant.

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

Eliot Spitzer, Attorney General, Albany (Marlene O. Tuczinski, Preeta D. Bansal, Daniel Smirlock and Robin Forshaw of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

SMITH, J.

The primary issue is whether constitutional and statutory defenses should have been allowed during defendant's prosecution for possessing a sexual performance by a child. We hold that the defendant was properly convicted.

Defendant took his computer to a repair shop to replace the hard drive. While servicing the computer, a technician noticed that some of the graphic files had suspicious titles implying child pornography...

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