The People argue here for the first time that defendant's federal conviction for violation of 18 USC § 2252A (a) (2) and (b) (1), an attempt to knowingly receive or distribute child pornography or material containing child pornography, more closely resembles Penal Law § 263.15, promoting a sexual performance by a child, a class D felony, than Penal Law § 263.16, possessing a sexual performance by a child, a class E felony. The latter was determined, after a...
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