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NEW YORK v. UPLINGER

No. 82-1724.

467 U.S. 246 (1984)

NEW YORK v. UPLINGER ET AL.

Supreme Court of United States.

Decided May 30, 1984

Attorney(s) appearing for the Case

Richard J. Arcara argued the cause for petitioner. With him on the briefs were John J. DeFranks and Louis A. Haremski.

William H. Gardner argued the cause for respondents. With him on the brief for respondent Uplinger was Thomas F. Coleman. Rose H. Sconiers and Joseph B. Mistrett filed a brief for respondent Butler.*

Briefs of amici curiae were filed for the Attorney General of the State of New York by Robert Abrams, Attorney General, pro se, and Rosemarie Rhodes, Lawrence S. Kahn, and Jane Levine, Assistant Attorneys General; for the Center for Constitutional Rights et al. by Rhonda Copelon and Anne E. Simon; and for the National Association of Business Councils et al. by Laurence R. Sperber and Jay M. Kohorn.

PER CURIAM.

We granted certiorari, 464 U.S. 812 (1983), to review a decision of the New York Court of Appeals concerning N. Y. Penal Law § 240.35(3) (McKinney 1980), which prohibits loitering "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 nature." Respondents, charged with violating the statute, challenged its...

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