People v. Byrd

OPINION OF THE COURT

William Mogulescu, J.

Defendant is charged with loitering for the purpose of *351prostitution (Penal Law § 240.37 [2]).* By notice of motion, dated November 26, 1990, the defendant moves to dismiss the accusatory instrument on the ground that the information is facially insufficient.

The accusatory instrument states in relevant part:

"Deponent observed the defendant loiter and wander for a period of approximately 10-15 minutes during which time the defendant beckoned to passing traffic and stopped 3 male passers-by and/or motorists.

"Moreover, the defendant’s general deportment…