62 A.D.2d 1129 | N.Y. App. Div. | 1978
Order unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: The People appeal from an order dismissing all counts of an indictment against the défendant for insufficient evidence. The indictment charged the defendant, the owner/manager of Nero’s Restaurant in Irondequoit, with promoting prostitution, in the second degree, in violation of subdivision 1 of section 230.25 of the Penal Law; obscenity, in the second degree, in violation of subdivision 2 of section 235.05 of the Penal Law; and criminal nuisance, in violation of subdivision 2 of section 240.45 of the Penal Law. The charges arose in connection with a stag party at Nero’s on May 26, 1976, which was organized by the defendant in honor of two patrons. The evidence indicated that the defendant organized and planned the party, had tickets printed, sold tickets and was present on the night of the party. Following the dinner two women, joined by a man from the audience, gave an explicit sexual performance in the nude. After the show the women retired to a Dodge van without license plates, which was parked