A New Jersey man convicted for taking upskirt videos at a grocery store argues in his appeal that the woman wasn't exposed because she was wearing pantyhose.
NJ.com reports Bridgewater resident Joshua Nicholson filed the appeal after his 2013 conviction.
The appellate panel rejected his position Thursday, saying in its opinion that the woman's thighs and buttocks still were visible through the sheer pantyhose.
According to the decision, a security officer noticed Nicholson acting nervously at a Wegmans supermarket in Bridgewater. The officer reported he saw Nicholson take out his cellphone and place it under the woman's skirt twice without her knowing.
Nicholson was stopped before exiting the store, and he told officers he went to the store to capture the video recording.
