People v. Koss

In People v. Koss, 153 Misc2d 68, 580 N.Y.S.2d 629 (Crim Ct, NY County 1992), the court denied a motion to dismiss an information which alleged that police officers observed the defendants standing in the middle of the street in an area where there were no open stores, restaurants, bus or taxi stops, the defendant was beckoning to passing traffic and stopping a number of male motorists while not approaching any female passers-by or motorists, the locations were frequented by people engaged in prostitution, the promotion of prostitution and the patronizing of prostitutes, and that one defendant was wearing a black leopard bikini and high heels, another was wearing a white mini-skirt and white heels, and another was wearing a red tank top, jeans and brown shoes. The court stated that "although there may be disagreement as to what constitutes 'provocative' clothing, certain types of clothing may, when considered in conjunction with other facts alleged, provide circumstantial evidence that the observed conduct was for the purpose of prostitution." People v. Koss, supra at 70.