Proof Sufficient to Support Unlawful Surveillance Conviction/Defendant Was Standing on the Front Door Step Videotaping Woman Inside

The Court of Appeals, in a full-fledged opinion by Judge Lippman, determined the proof was legally sufficient to support defendant’s “unlawful surveillance” conviction. Defendant videotaped a woman who was in her bathroom with the door open on the second floor of her townhouse. The defendant was standing on the front door step of the woman’s townhouse holding a video camera over his head in front of a small decorative window in the front door. The court determined that defendant’s actions, at 7:30 a.m. on December 24, could be deemed “surreptitious” within the meaning of the statute, even though he was potentially visible to the public while he was videotaping:

Here, viewing the evidence in the light most favorable to the People, defendant's conduct was surreptitious in nature. Although he was standing on complainant's front step, potentially exposed to public view, it was at 7:30 a.m. on Christmas Eve. The argument that defendant's conduct was completely out in the open, for anyone who happened by to see, is undermined given the pre-dawn hour.* Moreover, defendant was holding the small black camera in his black-gloved hand. In addition, he apparently had to hold the camera over his head, in the air, in order to get the proper angle and used the zoom function. Under the circumstances, there is legally sufficient evidence that defendant was acting in a furtive or stealthy manner, attempting to obtain the video of complainant without being discovered — in other words, that he was acting surreptitiously. People v Schreier, 4, CtApp 2-13-14