People v. Seabrooks

• Decision Date: 18 August 1980
• Citation: 105 Misc.2d 542,432 N.Y.S.2d 446
• Parties: The PEOPLE of the State of New York v. Claudia SEABROOKS, Defendant.
• Court: New York City Court

Page 446

432 N.Y.S.2d 446

105 Misc.2d 542

The PEOPLE of the State of New York v. Claudia SEABROOKS, Defendant.

Criminal Court of the City of New York, Queens County.

Aug. 18, 1980.

John J. Santucci, Dist. Atty., Queens County by Marc Orloff, Asst. Dist. Atty., Kew Gardens, for the people.

Leon Polsky, Kew Gardens, for defendant by Robert Sharoff, Kew Gardens, of counsel.

HERBERT POSNER, Judge:

THIS IS A NON-JURY TRIAL. DEFENDANT IS ACCUSED OF "LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE" (Penal Law Section 240.37).

On March 28, 1980 Police Officer Roy Salig, Shield No. 24232 of the 103rd Precinct was assigned to patrol an area considered to be a prostitution prone location. Salig, in plainclothes, was sitting in an unmarked car at 105 Avenue and Waltham Street, at about 6:00 p. m. Defendant Seabrooks was on the Southeast corner of 106 Avenue and Waltham Street. Salig observed (through binoculars) defendant walk over to a vehicle as it approached the curb and converse with someone in the car. The car then drove away. Salig observed the same series of events, repeated with a second car. Salig then observed defendant enter a third vehicle and drive away with the driver. Salig followed the vehicle and saw it stop at a deserted area a few blocks away. Salig approached the vehicle, identified himself and arrested defendant, after noticing that her jeans were unzippered and that she was sitting next to the driver. At this point, the defendant asked him if she could close her unzippered jeans. He said yes and then put her into the police car.

Defendant moves to dismiss for failure to establish a prima facie case.

Penal Law sec. 240.37, paragraph 2 states:

Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops or repeatedly attempts to engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of prostitution, or of patronizing a prostitute as those terms are defined in article two hundred thirty of the penal law, shall be guilty of a violation and is guilty of a class "B" misdemeanor if such person has previously been convicted of a violation of this section or of sections 230.00 or 230.05 of the penal law. (emphasis added)

Applying the elements of "loitering" to defendant's conduct, there is no doubt that she was guilty of "remaining or wandering about in a public place and repeatedly ... stopping motor vehicles ...". However, mere "loitering" of this nature is not a crime unless it is for a criminal purpose-in this case, the crime of prostitution (P.L....