PEOPLE v. JOHNSON


47 A.D.3d 140 (2007)

846 N.Y.S.2d 541

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE A. JOHNSON, Appellant.

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

November 23, 2007.


Attorney(s) appearing for the Case

Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for appellant.

Lawrence Friedman, District Attorney, Batavia (David E. Gann of counsel), for respondent.

SMITH, CENTRA, LUNN and PERADOTTO, JJ., concur.


OPINION OF THE COURT

GORSKI, J.P.

In October 2005, the then-47-year-old defendant admitted to the police that he intentionally downloaded onto his computer pornography involving images of 13- or 14-year-old children that made him sexually excited for the purposes of masturbation. Defendant was arrested following his confession to the police, which included an admission to having downloaded pornography for several years and to having viewed pornography involving...

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