Some movies are controversial. Others only cause controversy when being viewed. That's what's landed a Clifton Park man in jail.
Police say 35 year-old Andre Gainey was driving near the Schenectady Police Station Tuesday night. A detective in an unmarked car noticed Gainey watching the pornographic movie "Chocolate Foam" on a dvd screen inside his green Mercedes.
Police pulled the Clifton Park man over less than a block away.
"[The movie] was played in a way where it was easily seen by anybody that was behind the vehicle, like the detective was," said police spokesman Lt. Pete Frisoni. "It could've been a family that was parked behind him. Someone walking by would have easily seen this because the windows weren't tinted at all."
Gainey was arrested under state penal law, section 245.11. It prohibits public displays of offensive material when visible by others. That includes from inside a car.
"This was definitely a case where it was out for the general public to see if they were walking or riding behind the vehicle," Frisoni said.
Gainey was also charged on several other counts, including watching a movie while driving. and driving with a suspended license. Both are misdemeanors.
When police were booking him, Gainey signed a different name to a fingerprint card. That resulted in a felony charge.
Gainey is currently in the Schenectady County Jail, without bail.
