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PEOPLE v. KENT

2009-07764.

79 A.D.3d 52 (2010)

910 N.Y.S.2d 78

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES D. KENT, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 12, 2010.

Attorney(s) appearing for the Case

Dershowitz, Eiger & Adelson, P.C., New York City ( Nathan Z. Dershowitz and Victoria B. Eiger of counsel), for appellant.

William V. Grady , District Attorney, Poughkeepsie ( Bridget Rahilly Steller of counsel), for respondent.

PRUDENTI, P.J., BALKIN and CHAMBERS, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

In a prosecution for promoting and possessing computer images of child pornography, what is the evidentiary significance of a temporary Internet file automatically created by the computer's Internet browser when a Web page is displayed on the computer screen? What is the evidentiary significance of the defendant's knowledge or lack of knowledge regarding the operation of this automatic saving mechanism? In this appeal...

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