PEOPLE v. PIZNARSKI

105460

113 A.D.3d 166 (2013)

977 N.Y.S.2d 104

2013 NY Slip Op 8157

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL J. PIZNARSKI, Appellant.

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

Decided December 5, 2013.


Attorney(s) appearing for the Case

J. Scott Porter , Seneca Falls, for appellant.

William G. Gabor , District Attorney, Wampsville ( Robert A. Mascari of counsel), for respondent.

ROSE, J.P., LAHTINEN and McCARTHY, JJ., concur.


OPINION OF THE COURT

STEIN, J.

This case, apparently one of first impression, involves the application of New York's unlawful surveillance statute (see Penal Law § 250.45) to the prosecution of a defendant accused of video recording his sexual activities without the knowledge or consent of the other participants.

In the fall of 2009, defendant and victim A, both college students attending the same university, began dating. In March 2010...

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