ALBANY — A midlevel state court has upheld convictions of a former Colgate student for secretly videotaping sex with a girlfriend and with another young woman.
The Appellate Division rejects Michael J. Piznarski's argument that New York's 2003 statute against unlawful surveillance doesn't apply to consensual sex when one participant knows it's being recorded.
The four justices also reject his argument that the 2010 tapings weren't secret because the camera was in plain view.
They cite evidence he began one recording before the victim was in his apartment bedroom, and he started the other when that victim had her eyes closed.
They note he threatened on Facebook to post the video of his ex-girlfriend.
Piznarski, now 24, is in prison, serving 1 to 3 years.
He must register as a sex offender.