People v. Barrows

Appellate Division of the Supreme Court of New York

People v. Barrows

273 A.D.2d 246, 710 N.Y.S.2d 251, 2000 N.Y. App. Div. LEXIS 6222

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 2000·Published·Cited by 4 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered June 9, 1998, convicting him of promoting an obscene sexual performance by a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The facts of this case are fully set forth in People v Barrows (177 Misc 2d 712) and briefly restated in People v Barrows (273 AD2d 246 [decided herewith]). Contrary to the defendant’s contention, Penal Law § 263.10, as applied in this case, does not violate the Commerce Clause of the United States Constitution (US Const, art I, § 8, cl [3]). The statute, which was enacted to protect children from the sexual exploitation necessarily involved in the production of pornographic material, does not unduly burden interstate commerce (see, New York v Ferber, 458 US 747).

The defendant’s remaining contentions are without merit. Joy, J. P., Friedmann, Goldstein and McGinity, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered June 9, 1998, convicting him of promoting an obscene sexual performance by a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The facts of this case are fully set forth in People v Barrows (177 Misc 2d 712) and briefly restated in People v Barrows (273 AD2d 246 [decided herewith]). Contrary to the defendant’s contention, Penal Law § 263.10, as applied in this case, does not violate the Commerce Clause of the United States Constitution (US Const, art I, § 8, cl [3]). The statute, which was enacted to protect children from the sexual exploitation necessarily involved in the production of pornographic material, does not unduly burden interstate commerce (see, New York v Ferber, 458 US 747).

The defendant’s remaining contentions are without merit. Joy, J. P., Friedmann, Goldstein and McGinity, JJ., concur.

People v. Barrows, 273 A.D.2d 246, 710 N.Y.S.2d 251, 2000 N.Y. App. Div. LEXIS 6222 (N.Y. Ct. App. 2000).

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Opinion

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