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PEOPLE v. SMITH

89 Misc.2d 754 (1977)

The People of the State of New York, Appellant, v. Toni Smith, Respondent.

Supreme Court, Appellate Term, First Department.

February 17, 1977

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and David Rapaport of counsel), for appellant. Goltzer & Adler (George R. Goltzer of counsel), and William J. Gallagher and Robert H. Levy for respondent. Levy, Gutman, Goldberg & Kaplan (Jeremiah S. Gutman of counsel), for New York Civil Liberties Union, amicus curiae. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Lillian Z. Cohen of counsel), intervenor.

Concur: DUDLEY, P. J., RICCOBONO and GELLINOFF, JJ.

Per Curiam.

This is an appeal from an order, dated October 15, 1976 (ALTMAN, J.), dismissing an accusatory instrument charging the defendant with loitering for the purpose of engaging in a prostitution offense, in violation of section 240.37 of the Penal Law. The court below concluded that section 240.37 is "vague, overbroad and inhibits free speech" (88 Misc.2d 590, 601). We...

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