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PEOPLE v. GILLOTTI

No. 97, 98

23 N.Y.3d 841 (2014)

18 N.E.3d 701

994 N.Y.S.2d 1

2014 NY Slip Op 4117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEIL GILLOTTI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE F. FAZIO, Appellant.

Court of Appeals of New York.

Decided June 10, 2014.

Attorney(s) appearing for the Case

David J. Farrugia , Public Defender, Lockport ( Joseph G. Frazier of counsel), for appellant in the first above-entitled action.

Michael J. Violante , District Attorney, Lockport ( Laura T. Bittner and Thomas H. Brandt of counsel), for respondent in the first above-entitled action.

James P. Milstein , Public Defender, Albany ( Christopher J. Ritchey of counsel), for appellant in the second above-entitled action.

P. David Soares , District Attorney, Albany ( Steven M. Sharp of counsel), for respondent in the second above-entitled action.

Judges GRAFFEO, READ, PIGOTT and RIVERA concur with Judge ABDUS-SALAAM; Judge SMITH dissents in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

ABDUS-SALAAM, J.

In People v Johnson (11 N.Y.3d 416 [2008]), we recognized that children depicted in child pornography are "victims" of sex offenses within the meaning of the Sex Offender Registration Act (Correction Law art 6-C [SORA]), and we held that where an offender is a stranger to such victims prior to his or her commission of a child pornography...

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