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PEOPLE v. BIMONTE

195 Misc.2d 587 (2003)

759 N.Y.S.2d 839

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY BIMONTE, Appellant.

Supreme Court, Appellate Term, Second Department.

February 11, 2003.

Attorney(s) appearing for the Case

Joseph T. Klempner, East Chatham, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano and Donna Aldea of counsel), for respondent.

PESCE, P.J., and GOLIA, J., concur; PATTERSON, J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Judgment of conviction affirmed.

Defendant was charged with two counts of attempted possession of a sexual performance by a child (Penal Law §§ 110.00, 263.16) based upon two photographs which he took of his daughters, aged 5 and 7, while on vacation in Florida. On this appeal, defendant, in essence, contends that the statute (Penal Law § 263.16) cannot...

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