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PEOPLE v. BAILEY

105 Misc.2d 772 (1980)

The People of the State of New York, Plaintiff, v. George Bailey, Defendant. The People of the State of New York, Plaintiff, v. William Reid, Defendant.

Criminal Court of the City of New York, Queens County.

October 21, 1980.

Attorney(s) appearing for the Case

Eugene F. Levy for George Bailey, defendant. Elmer Lowe, III, for William Reid, defendant. John Santucci, District Attorney (Raymond F. Cerrata and Susan Kane of counsel), for plaintiffs.

HERBERT A. POSNER, J.

When is a "John" not a "John" — that is the question!

In both of these separate proceedings (consolidated for purposes of decision) the defendants move to dismiss the complaint for failure of the People to allege facts that constitute a violation of section 230.03 of the Penal Law (patronizing a prostitute). In defendant Reid's case, on March 21, 1980 and in defendant Bailey's case, on June 12, 1980,

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