In People v. Foley (94 N.Y.2d 668 [2000]), the defendant was convicted of two counts of promoting a sexual performance by a child and two counts of attempted disseminating indecent material to minors in the first degree. The argument presented in that case was that those statutes were unconstitutionally overbroad and vague and in violation of the First Amendment of the United States Constitution. The communications in Foley involved actual sexual pictorial images and not just words or conversation. The Court of Appeals held that the conduct prohibited did not merit First Amendment protection, was not unconstitutionally overbroad or vague, was a valid exercise of police power and did not burden interstate commerce and, accordingly, affirmed the convictions.