The case involves the plaintiffs the People of the State of New York and the defendant Audrey James. The case also involves the People of the State of New York versus the defendant Laverne McCray. The case is being heard in the Criminal Court of the City of New York, located in New York County. Judge Stanley Gartenstein is overseeing the case.
This case involves a debate over prostitution and its effects on the criminal justice system.
Legal Background
A New York Drug Crime Lawyer said before the first of September, 1978 the Penal Law in regard to sex offenders was discriminatory. A woman that was engaged in prostitution had committed a Class B misdemeanor while the male patron was guilty of only a violation. The amended statute from 1978 has changed this fact to make the acts of both the prostitute and the patron of the prostitute to be considered as class B misdemeanors.
Prostitution has been considered an affliction on areas of tourism and commercialism in the city and for this reason the People have refused to bargain in these types of cases and demand the highest penalties, with one exception. The exception is the first time offender prostitute. The first timer is often offered an adjournment in hopes that this experience would be enough to not conduct similar acts.
Case Background
In the current case there are two defendants, both women who have been charged with prostitution for the first time. A New York Drug Possession Lawyer said Audrey James is a 21 year old student at the American Business Institute. Laverne McCray is a 23 year old student who attends business school and currently lives with her parents in Queens County. Each of the women has moved to have the charges against them dismissed.
The District Attorney opposes these motions stating that this relief is only sought as an effort to overrule the determination of the People not to adjourn in contemplation of dismissal.
Court Discussion and Decision
There are several factors that must be considered to determine this case. The first is the nature of the crime. The defendant’s prior record and the available evidence of guilt must be considered as well. A Nassau County Drug Possession Lawyer said other considerations include the punishment that has already been suffered and the purpose of further punishment as well as the impact of the public interest should the case be dismissed.
In this particular case neither of the defendant’s has ever been arrested or convicted of a crime prior to this case. There is no comment given to the available evidence in the case, but it must be assumed that the District Attorney has a provable case. Each of the defendant’s has spent some time in jail after their arrest.
The final consideration is the cost to the state, which is significant. The main public outcry in regard to prostitution is its disruption to business. However, a Queens Drug Possession Lawyer said the courts are being held up because of these victimless crimes, which are also costing the state a significant amount of money. It is felt that the act of prostitution is one where no one really gets hurt as people are acting on their own free will as a part of human nature.
After reviewing the facts of the case, including the arguments made by the District Attorney, the court is ruling in favor of the defendants. The motions for dismissal are granted to the plaintiffs and the cases are dismissed.
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