This defendant, along with a codefendant not joining in this motion, has been charged by an information with having violated subdivision 3 of section 240.35 of the Penal Law which provides that
"A person is guilty of loitering when he: * * *
"3. Loiters or remains in a public place for the purpose of engaging, or soliciting another person to engage, in deviate sexual intercourse or other sexual behavior of a deviate...
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