People v. Gibble

In People v. Gibble (2 Misc 3d 510 [Crim Ct, NY County 2003]) the complaint alleged that "at 12:00 p.m., inside 103 West 107th Street, a public school, J.H. observed defendant seated behind a desk, with his pants down, and with one hand on top of the desk and the other hand on his genitals" (id. at 511). This alleged lewd conduct in Gibble is almost identical to the lewd conduct in the case before this court; however, outside of the sexual conduct, the comparison must cease. The Gibble court didn't face the same issues as this case because the charge, including the specific subdivision, was clearly stated and the location was clearly described; there was no need for the Gibble court to speculate. Additionally, when that court stated that the public school classroom was a public place it held that the complaining witness' precise location need not be alleged (Id. at 516). The court never held the same reasoning applied to the defendant's precise location because the statute requires the defendant to be in a public place pursuant to subdivision (a) and the location as stated (a public school) satisfies this element of the statute. Gibble never addressed whether a private college can be deemed a public place.