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PEOPLE v. HORNER

300 A.D.2d 841 (2002)

752 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALAN R. HORNER, Respondent.

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

Decided December 19, 2002.

Peters, J.

Defendant was indicted by a Chenango County grand jury on one count each of possessing a sexual performance by a child (Penal Law § 263.16) and attempted use of a child in a sexual performance (Penal Law §§ 110.00, 263.05). The charges arose from defendant's possession of over 100 downloaded Internet-reproduced photographs featuring young boys, some nude and some wearing skimpy swimsuits or briefs, as well as the request by defendant that...

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