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PEOPLE v. KENT

No. 70.

19 N.Y.3d 290 (2012)

2012 NY Slip Op 3572

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

Court of Appeals of New York.

Decided May 8, 2012.

Attorney(s) appearing for the Case

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

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

Chief Judge LIPPMAN and Judges READ, SMITH and JONES concur with Judge CIPARICK; Judge GRAFFEO concurs in result in a separate opinion in which Judge PIGOTT concurs; Judge SMITH concurs in another opinion.

OPINION OF THE COURT

CIPARICK, J.

The question presented for our review is whether the evidence proffered at defendant's trial was legally sufficient to support his convictions for promoting a sexual performance by a child (Penal Law § 263.15) and possessing a sexual performance by a child (Penal Law § 263.16). We must consider, among other issues, the evidentiary significance of "cache files,"...

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