People v. Smith

This is an appeal from an order, dated October 15, 1976 (Altman, J.), dismissing an accusatory instrument charging the defendant with loitering for the purpose of engaging in a prostitution offense, in violation of section 240.37 of the Penal Law. The court below concluded that section 240.37 is "vague, overbroad and inhibits free speech” (88 Misc 2d 590, 601). We disagree.

In relevant part, section 240.37 provides that: "Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage…