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PEOPLE v. BUTLER

110 Misc.2d 843 (1981)

The People of the State of New York, Plaintiff, v. Susan Butler, Defendant.

City Court of Buffalo.

September 8, 1981

Attorney(s) appearing for the Case

Veronica D. Thomas, Assistant Public Defender, for defendant. Edward C. Cosgrove, District Attorney (Daniel Slade of counsel), for plaintiff.

TIMOTHY J. DRURY, J.

The question presented by this case is whether 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 intercourse, is constitutional in light of People v Onofre (51 N.Y.2d 476, cert den 451 U.S. 987). In Onofre the Court of Appeals struck down section 130.38...

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