Criminal Court of the City of New York, Bronx County
For the People, Robert T. Johnson, District Attorney, Bronx County, by Suzanne Carmody, Esq., Assistant District Attorney.
For the Defendant, Zoe Root, Esq., Bronx Defenders.
John H. Wilson, J.
Defendant is charged with one count of Patronizing a Prostitute in the Third Degree (PL Sec. 230.04), a Class A misdemeanor.
By motion dated July 31, 2013, Defendant seeks dismissal of the docket in the interest of justice, and preclusion of the People from reducing the charge to Attempted Patronizing a Prostitute in the Third Degree (PL Sec. 110/230.04), a Class B Misdemeanor.
The Court has reviewed the Court file, Defendant's motion, and the People's Response dated September 19, 2013.
For the reasons stated below, the motion to dismiss in the interest of justice is denied.
The motion to preclude the People from reducing the charge is granted. However, on the Court's own motion, the Bronx Defenders are relieved as counsel to the Defendant. Defendant is eligible for defense through his union, said defense being an element of his union benefits.
The Bronx Defenders will remain counsel to the Defendant until his new attorney appears on his behalf.
Pursuant to the Criminal Court complaint, on or about September 29, 2012 at approximately 8:55 PM, at the intersection of East 172nd Street and Southern Boulevard, Bronx, New York, the Defendant is alleged to have approached a police officer and asked that officer "to engage in sexual conduct to wit Sexual Intercourse in exchange for giving (the officer) $40.00 U.S. currency." See, Criminal Court complaint dated January 15, 2012. The Defendant is alleged to have stated to the officer "I want to have sex. I got forty dollars." See, Criminal Court complaint dated September 30, 2012.
(A) Defendant's Motion to Dismiss in the Interest of ...