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PEOPLE v. BURGESS

54 A.D.3d 870 (2008)

863 N.Y.S.2d 376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BURGESS, Appellant.

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

September 16, 2008.

Ordered that the judgment is modified, on the law, by vacating the conviction of attempted disseminating indecent material to minors in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The People assert that the injunction issued by the court in American Libs. Assn. v Pataki (969 F.Supp. 160 [SD NY 1997]) compels them to request...

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