This decision has been referenced in a table in the New York Supplement.
For the People, Robert T. Johnson, District Attorney, Bronx County, by K. Vance Hynes, Esq., Assistant District Attorney.
For the Defendant, Mark Sedlander, Esq., Bronx Defenders.
JOHN H. WILSON, J.
Defendant is charged with one count of Attempted Patronizing a Prostitute in the Third Degree (PL Sec. 110/230.04), a Class B misdemeanor, and one count of Loitering for the Purpose of Engaging in a Prostitution Offense (PL Sec.240.37), a violation.
By motion dated February 24, 2013, Defendant seeks dismissal of the charge of Attempted Patronizing a Prostitute in the Third Degree, asserting that the charge is not legally cognizable.
The Court has reviewed the Court file, Defendant's motion, and the People's Response dated March 13, 2013.
For the reasons stated below, the motion to dismiss the charge of Attempted Patronizing a Prostitute in the Third Degree is granted.
Pursuant to the Criminal Court complaint, on or about January 15, 2012 at approximately 12:05 AM, at the intersection of Southern Boulevard and East 172nd Street, Bronx, New York, the Defendant is alleged to have approached a police officer and asked that officer " to engage in sexual conduct to wit oral sex in exchange for giving (the officer) $15.00 U.S. currency." See, Criminal Court complaint dated January 15, 2012. The Defendant is alleged to have stated to the officer " I want head. I got $15.00." See, Criminal Court complaint dated January 15, 2012.
Defendant was initially charged with Patronizing a Prostitute in the Third Degree (PL Sec. 230.04), a Class A misdemeanor, however, on December 20, 2012, the People reduced that charge to the Attempt.
Under Penal Law Section 230.04, " a person is guilty of patronizing a prostitute in the third degree when he or she patronizes a prostitute." Penal Law Section 230.02(1) describes the act of patronizing a prostitute as follows;
(a) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having ...