Originally Posted - July 31, 2006

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MANHATTAN-It is said that a picture is worth a thousand words.

In the case of Manhattan real estate attorney, it was the difference between a conviction and an acquittal.

The Appellate Division, Second Department, has reversed the conviction and dismissed the indictment of Jeffrey Kozlow for sending sexually explicit e-mails to a minor because he didn't include any pictures in the messages.
http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05995.htm

Kozlow had been convicted on July 27, 2005, of five counts of attempted dissemination of indecent material to minors in the first degree after a nonjury trial in Westchester County.

He had been sentenced to five years of probation, paid a mandatory $250 surcharge and was registered as a sex offender.

In a 4-0 decision, the appeals court held that the evidence was legally insufficient to support his conviction and that the People had failed to establish that Koslow's Internet communications with an undercover police officer whom he believed to be a minor "depicted" sexual conduct within the meaning of Penal Law since they contained no visual, "sexual images".

Jeanine Pirro, Attorney General candidate and former Westchester County district attorney whose office had prosecuted Kozlow, boasts on her website that Kozlow's arrest had been the "one hundredth arrest in my undercover Internet sting operation".

Janet DiFiore, current Westchester district attorney, says that she will appeal the decision to the Court of Appeals.

Kozlow was disbarred in February. While he didn't contest his disbarment, his attorney had asked that action be deferred until after the appeal of the conviction had been heard. The court said no.

Kozlow can now apply for reinstatement to the bar.

Prosecutors are concerned that the Second Department ruling will adversely affect rulings in cases they prosecute. Nassau County district attorney Kathleen Rice said that 90% of the pedophiles prosecuted by her office use sexually explicit conversations as a ruse to meet children rather than sending them photographs.

The Second Department decision would be binding only in that judicial district which encompasses 10 counties in the New York metropolitan area. However, courts in other jurisdictions could consider the ruling when making determinations.

Legislative action to attempt to plug the hole in such prosecutions has been introduced in the Legislature. 7-31-06

© 2006 North Country Gazette