People v. Frank S.

OPINION OF THE COURT

Joseph J. Dawson, J.

The defendants in these cases have been charged with public lewdness in violation of section 245.00 (a) of the Penal Law. Defendant Frank S. also has been charged with exposure of a person in violation of section 245.01 of the Penal Law. All three cases involve incidents of sexual conduct that allegedly occurred on subway platforms. All three defendants move to dismiss on the theory that the accusatory instruments are facially insufficient.

The accusatory instruments filed against Frank S. and Miguel R. arise from the same incident. In the information…