People v. Davis

OPINION OF THE COURT

Arlene D. Goldberg, J.

Defendant is charged with public lewdness (Penal Law § 245.00) based on acts he allegedly committed in a public restroom at the Port Authority Bus Terminal on June 17, 1994 at about 7:35 p.m.

In relevant part, the police officer who swore to the information states that he observed the defendant at the above location manipulating his naked, erect penis in an up and down and back and forth motion in public view. He further alleges that other individuals were using the public restroom at the same time the defendant was engaged in the aforementioned…