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People v. Saleh

Criminal Court of the City of New York, Bronx County

October 9, 2013

The People of the State of New York,
v.
Yasin Saleh, Defendant.

Unpublished Opinion

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 Loitering for the Purpose of Engaging in a Prostitution Offense (PL Sec.240.37), a violation. Defendant was also charged with one count of Attempted Patronizing a Prostitute in the Third Degree (PL Sec. 110/230.04), a Class B misdemeanor, however, by this Court's decision of July 15, 2013, that charge was dismissed. See, People v. Saleh, 40 Misc.3d 1211(A), 2013 WL 3586689 (Crim Ct, Bx Cty, 2013).

By motion dated August 4, 2013, Defendant seeks dismissal of the remaining count of the docket, asserting that the charge is not facially sufficient. For their part, by motion dated August 14, 2013, the People seek reargument of this Court's July 15, 2013 order.

The Court has reviewed the Court file, Defendant's motion, the People's Response dated August 15, 2013, the People's motion, and the Defendant's Response dated September 12, 2013.

For the reasons stated below, the People's motion to reargue is denied. The charge of Attempted Patronizing a Prostitute in the Third Degree was properly dismissed as a nonexistent crime, and there is no authority for restoration of the original misdemeanor charge of Patronizing a Prostitute in the Third Degree.

Further, Defendant's motion to dismiss the charge of Loitering for the Purpose of Engaging in a Prostitution Offense is granted.

FACTUAL STATEMENT

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 both Patronizing a Prostitute in the Third Degree (PL Sec. 230.04), a Class A misdemeanor, and Loitering for the Purpose of Engaging in a Prostitution Offense (PL Sec.240.37), a violation, however, on December 20, 2012, the People reduced the charge of Patronizing a Prostitute in the Third Degree to the Attempt.

LEGAL ANALYSIS

(A) People's Motion to Reargue.


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