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People v. Kurt F. Schaffner

Probation Conditions Barring Possession, Use Of Computer and Internet Are Struck Down

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By McCabe, P.J.; Rudolph and Angiolillo, JJ.

PEOPLE v. KURT F. SCHAFFNER — Appeal by defendant from so much of a judgment of the Justice Court, Town of Poughkeepsie, Dutchess County (E. Prus, J.), rendered November 18, 2002, as, upon his plea of guilty to attempted grand larceny in the fourth degree (Penal Law §§110.00, 155.30), imposed conditions of probation providing that defendant shall not possess or have access to a computer nor utilize internet or email services while under supervision. Judgment of conviction insofar as appealed from unanimously modified on the law by striking so much of the condition of probation as provides that defendant is not to possess or have access to a computer nor utilize the internet; as so modified, affirmed. Defendant pled guilty to attempted grand larceny in the fourth degree (Penal Law §§110.00, 155.30) relating to his use of a computer to send the complainant messages over the internet in which defendant threatened to post photographs on the internet of the complainant with a minor, and harm the complainant’s girlfriend and her child, if the complainant did not give him cash. Defendant was subsequently sentenced to a three year term of probation which included the conditions that he “not possess or have access to a computer nor shall [he] utilize internet or email services while under supervision.” We note that the complainant was issued an order of protection by which defendant was prohibited from communicating to him by mail, telephone, e-mail, any form of internet message or other electronic means. On appeal, defendant contends that the court below erred in imposing conditions of probation which prohibit him from “having any contact with computers.”

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