People v. Evans

The defendant was convicted of disorderly conduct (Penal Law, § 722, subd. 8). The Police Officer testified that he observed the defendant for 45 minutes while the latter was seated in a pay booth of the men’s room in the Long Island Bus Terminal. The officer then entered the adjoining booth and sat down. The two booths were separated by a solid partition which extended down to about 12 or 13 inches from the *1072floor. After a few minutes, the officer observed a naked knee thrust under the partition from the adjoining booth for about 45 seconds, when the knee was withdrawn. A few minutes later, “…