People v. Stephen DeProspero


AD4 order dated November 18, 2011, affirming judgment of conviction after the denial of a motion to suppress. Decision below: 91 A.D.3d 39, 932 N.Y.S.2d 789. Ciparick, J., granted leave March 13, 2012.

ISSUE PRESENTED: Whether the mere fact that, following the seizure of the computer pursuant to a May 2009 warrant, the defendant pleaded guilty to a charge of possession of child pornography based upon a single pornographic image initially recovered, meant that a further, January 2010, search of the computer disclosing hundreds of other pornographic images violated the Fourth Amendment. (Assigned counsel: Frank Policelli, 10 Steuban Park, Utica, N.Y. 13501.)

Constitutionality of search of computer after defendant pleaded guilty to a charge of possession of child pornography.