City of New York Municipal Court September 8, 1981 (People v. Butler)

OPINION OF THE COURT

Timothy J. Drury, J.

The question presented by this case is whether subdivision 3 of section 240.35 of the Penal Law, which prohibits loitering in a public place for the purpose of engaging in or soliciting another person to engage in deviate sexual intercourse, is constitutional in light of People v Onofre (51 NY2d 476, cert den 451 US 987).