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CHERRY v. KOCH

129 Misc.2d 346 (1985)

Fred Cherry et al., Petitioners, v. Edward Koch, as Mayor of the City of New York, et al., Respondents.

Supreme Court, Special Term, Kings County.

June 17, 1985

Attorney(s) appearing for the Case

William M. Kunstler for petitioners.

GERALD ADLER, J.

Petitioners, a prostitute (Margo St. James) and a patron (Fred Cherry) seek a judgment declaring Penal Law §§ 230.00 and 230.03 unconstitutional. These statutes prohibit prostitution and patronizing a prostitute.

This action was commenced on June 20, 1984. Respondents Koch and Ward moved to dismiss on the ground that petitioners lacked standing. Respondent Holtzman moved to...

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