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PEOPLE v. McNAMARA

78 N.Y.2d 626 (1991)

The People of the State of New York, Appellant, v. Cheryl McNamara, Alma Harrison, Rose Marie Terrell and Martyn D. Hill, Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Kevin M. Dillon, District Attorney (Raymond C. Herman and John J. DeFranks of counsel), for appellant.

David C. Schopp, Linda S. Reynolds and Barbara J. Davies for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA dissents and votes to reverse in a separate opinion.

KAYE, J.

A person "is guilty of public lewdness when he intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed." (Penal Law § 245.00.) Respondents...

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