PEOPLE v. EMERSON


196 Misc.2d 716 (2003)

766 N.Y.S.2d 482

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICHARD EMERSON, Defendant.

Supreme Court, Monroe County.

July 9, 2003.


Attorney(s) appearing for the Case

Redmond & Parrinello, LLP (John R. Parrinello of counsel), for defendant.

Howard R. Relin, District Attorney (Leanne K. Moser of counsel), for plaintiff.


OPINION OF THE COURT

KENNETH R. FISHER, J.

The defendant stands charged in a 43 count indictment with possessing a sexual performance by a child, in violation of Penal Law § 263.16, in his computer. Each of the 43 counts are identical, with the exception that a different image is alleged in each count, corresponding to a different computer file name. Defendant moves to suppress the evidence against him on the ground that the computer on which these...

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