People v. Davilla

The defendant was convicted after a jury trial of promoting prostitution in the third degree and sentenced to a term of from 2 to 6 years. Penal Law § 230.25 (1), defining the crime of which the defendant was convicted, makes it a class D felony to profit from prostitution “by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution”.

*546As the People concede with commendable candor, the trial court erred in failing to submit to the jury the lesser count of promoting prostitution in the fourth degree (Penal Law § 230.20), which makes it a…