People v. Sullivan

Memorandum.

Judgment of conviction is affirmed.

Defendant, after a jury trial, was convicted of public lewdness (Penal Law § 245.00). For the first time on appeal, he raised the objection that the statute defining the offense is unconstitutional. We note that the CPL provides such objection must be made before sentence or it is waived (CPL 170.30, subd 1, par [a]; subd 2; CPL 170.35, subd 1, par [c]; see, also, People v Eric K., NYLJ, Dec. 9, 1975, p 9, col 5; People v Friday, NYLJ, April 21, 1975, p 16, col 4). Nevertheless, we hold that the statute is not vague, and is, therefore,…