Legal Opinion

People v. Bailey

Criminal Court of the City of New York

Decided October 21, 1980PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Herbert A. Posner, J.

When is a “John” not a “John” — that is the question!

In both of these separate proceedings (consolidated for purposes of decision) the defendants move to dismiss the complaint for failure of the People to allege facts that constitute a violation of section 230.03 of the Penal Law (patronizing a prostitute). In defendant Reid’s case, on March 21, 1980 and in defendant Bailey’s case, on June 12, 1980, *775each defendant is accused of soliciting the same decoy policewoman to engage in an unlawful sexual act in exchange for United States currency. For the…

2Cases cited9 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. The People v. . McCannNew York Court of Appeals · 1857
  3. Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
  4. People v. . NelsonNew York Court of Appeals · 1897
  5. Koner v. ProcaccinoAppellate Division of the Supreme Court of the State of New York · 1974

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3Cited by4 opinions

  1. Cherry v. KochNew York Supreme Court · 1985
  2. People v. LinkCriminal Court of the City of New York · 1981
  3. People v. SharifCriminal Court of the City of New York · 1988
  4. Commonwealth v. Mita, Pennsylvania Court of Common Pleas, Philadelphia County1986

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