People v. Costello

The defendant stands convicted, after a jury trial, of the crime of promoting prostitution in the second degree. After verdict, the defendant moved for a dismissal on the ground that the statute defining prostitution (Penal Law, § 230.00) is unconstitutionally vague and overbroad and that in this enlightened century "recreational sex” is a basic right immune from penal sanctions.

Section 230.00 of the Penal Law defines prostitution as follows: "A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.”

The…