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PEOPLE v. DePROSPERO

No. 44.

20 N.Y.3d 527 (2013)

987 N.E.2d 264

964 N.Y.S.2d 487

2013 NY Slip Op 1992

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN DePROSPERO, Appellant.

Court of Appeals of New York.

Decided March 26, 2013.

Attorney(s) appearing for the Case

Frank Policelli , Utica, for appellant.

Scott D. McNamara , District Attorney, Utica ( Steven G. Cox of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendant entered a plea to predatory sexual assault against a child after his motion to suppress evidence alleged to have been obtained by the State in consequence of an illegal search was denied. That evidence, consisting of several hundred stillframe digital images depicting defendant engaged in a sexual act with a child, was found on the memory card of a digital...

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