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PEOPLE v. UPLINGER

113 Misc.2d 876 (1982)

The People of the State of New York, Plaintiff, v. Robert Uplinger, Defendant. The People of the State of New York, Plaintiff, v. Fredericka Sanders, Defendant. The People of the State of New York, Plaintiff, v. Susan Butler, Defendant.

County Court, Erie County.

May 3, 1982

Attorney(s) appearing for the Case

William H. Gardner for Robert Uplinger and another, defendants. Rose H. Sconiers, Joseph A. Shifflet and Michael C. Walsh for Susan Butler, defendant. Richard J. Arcara, District Attorney (Ernest G. Anstey of counsel), for plaintiff.

JOSEPH P. McCARTHY, J.

The defendants in these appeals contend that subdivision 3 of section 240.35 of the Penal Law which proscribes loitering in public for the purpose of soliciting another to engage in deviate sexual intercourse is violative of rights protected by our Federal and State Constitutions.

The statute in question provides as follows:

"§ 240.35 Loitering "A person is guilty of loitering when he * * * ...

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