New York's highest court has thrown out the appeal of a Gates man who was convicted under the state's anti-video-voyeurism law.
David Schreier was found guilty of videotaping a neighbor while she was getting out of the shower. Schreier stood on her front doorstep and held the camera over his head to aim it through a window into the bathroom. He argued that he was standing in the open, so he wasn't "surreptitiously videotaping" the victim.
The seven justices unanimously Schreier's argument and say a person has a right to expect privacy in their home.
The neighbor had opened the bathroom door to let the steam out after her shower. The bathroom door in her apartment was in direct line with the front door. She looked up and saw a red light in the front door window and realized what was going on.
Police tracked footprints in the snow back to Schreier's front door and arrested him, confiscating his camera and memory card.
Schreier was tried in 2008, convicted and sentenced to five years' probation.