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PEOPLE v. KOZLOW

8 N.Y.3d 554 (2007)

870 N.E.2d 118

838 N.Y.S.2d 800

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

Court of Appeals of the State of New York.

Decided April 26, 2007.

Attorney(s) appearing for the Case

Janet DiFiore, District Attorney, White Plains (Robert K. Sauer and Anthony J. Servino of counsel), for appellant.

Stillman, Friedman & Shechtman, P.C., New York City (Nathaniel Z. Marmur of counsel), for respondent.

Andrew M. Cuomo, Attorney General, New York City (Barbara D. Underwood, Daniel Smirlock and Megan P. Davis of counsel), amicus curiae.

Michael E. Bongiorno, District Attorney, New York City (Karen Schlossberg and Mark Dwyer of counsel), for New York State District Attorneys Association, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and READ concur with Judge PIGOTT; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge JONES concurs.

OPINION OF THE COURT

PIGOTT, J.

We hold that a defendant charged with attempted dissemination of indecent material to minors in the first degree under Penal Law § 110.00 and former § 235.22 (L 1996, ch 600, § 6) may properly be convicted under that statute even though his communications contained no nude or sexual images.

I.

On March 4, 2004, defendant Jeffrey Kozlow entered an Internet chat room and, by instant messaging...

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