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CHERRY v. KOCH

126 A.D.2d 346 (1987)

Fred Cherry et al., Appellants-Respondents, v. Edward I. Koch, as Mayor of The City of New York, et al., Respondents, Elizabeth Holtzman, as District Attorney for Kings County, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1987

Attorney(s) appearing for the Case

Ronald L. Kuby and William M. Kunstler for appellants-respondents. (One brief filed.)

Elizabeth Holtzman, District Attorney (Barbara D. Underwood, Peter A. Weinstein and Rosalyn H. Richter of counsel), respondent-appellant pro se.

BRACKEN, J. P., WEINSTEIN, SPATT and HARWOOD, JJ., concur.

Per Curiam.

In this case, the plaintiffs seek a judgment declaring Penal Law §§ 230.00 and 230.03 unconstitutional as applied to them insofar as those sections declare illegal private commercial sex between consenting adults. These statutes prohibit prostitution and the patronizing of prostitutes, respectively. The plaintiff Margo St. James claims to be a prostitute...

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