Judge John Wilson
Saleh was charged with loitering for the purpose of engaging in prostitution and attempted patronizing a prostitute. The latter charge was dismissed, and he now sought dismissal of the remaining charge. Prosecutors sought to reargue dismissal of the attempted patronizing a prostitute charge claiming dismissal was inappropriate, rather the original charge should have been reinstated. The court denied reargument noting the charge was reduced by prosecutors into a nonexistent crime—an attempt to commit an attempt. The court stated that unless the original charge was a felony, there was no authority provided to the Criminal Court by the Criminal Procedure Law to reinstate an improperly reduced misdemeanor charge. It noted there was a stronger basis to support the view that once prosecutors reduced a misdemeanor, whether the reduction was erroneous or not, the original charge could not be restored. Also, the court noted that in the instant complaint there was only one single instance of the conduct complained of, rather than repeated beckons, stops or interference with free passage of others. Thus, as repeated conduct, not a singular event, was intended for criminal liability to attach for the loitering charge, it was dismissed.
