The defendant is charged with soliciting a plainclothes policeman on a street to commit oral sex with him at his apartment. He is charged with a violation of subdivision 3 of section 240.35 of the Penal Law which prohibits loitering in a public place for the purpose of engaging in or soliciting another person to engage in deviate sexual inter-course. The term deviate sexual intercourse is defined only once in the Penal Law and that...
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