PEOPLE v. BARKER

570654/10.

43 Misc.3d 95 (2014)

987 N.Y.S.2d 790

2014 NY Slip Op 24112

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AKASHA BARKER, Appellant.

Supreme Court, Appellate Term, First Department.

Decided April 29, 2014.


Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Karen Oprea of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman of counsel), for respondent.


OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered June 3, 2010, reversed, on the law, and the accusatory instrument dismissed.

The underlying accusatory instrument was jurisdictionally invalid, since it failed to set forth a prima facie case of loitering for the purpose of engaging in a prostitution offense under Penal Law § 240.37. The information — comprising the misdemeanor complaint and a check-the-box and fill-in...

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