People v. Smith

OPINION OF THE COURT

Cooke, J.

We weigh here defendant’s constitutional challenge to section 240.37 of the Penal Law (loitering for the purpose of engaging in a prostitution offense), on the asserted ground that the statute vests unfettered discretion in the police in the arrest of violators and, therefore, is void for vagueness. Additionally, it is urged that the statute is overbroad in that it inhibits the free exercise of protected rights. We reject the attack and uphold the legislation.

An ancillary but preliminary question concerns the hearing of this appeal in view of defendant’s…