Judge Felicia Mennin
McGinnis, charged with loitering for purpose of engaging in a prostitution offense, moved for dismissal arguing the complaint was facially insufficient. It was alleged that officers observed McGinnis in a public place during a 20 minute period engaged in conversations with approximately three passersby. The complaint noted the area was one frequented by those engaged in prostitution, and McGinnis’ outfit was revealing. The court found the facts alleged closely tracked those supplied in the supporting deposition of an officer, from boilerplate forms with checked boxes. Yet, it stated no details were offered as to whether McGinnis approached people or the three persons with whom she engaged in conversation approached her, separately, or together, or whether the conversations were related to prostitution activity. Also, the court noted the description of McGinnis’ outfit—black pea coat, skinny jeans and platform shoes—as a tell-tale sign she was “marketing herself commercially is astonishing,” stating many women were similarly dressed in any “current issue of a fashion magazine.” It stated the fact an officer arrested McGinnis previously for “prostitution-related offenses, was vague, lacking detail if the arrests resulted in convictions. Thus, dismissal for facial insufficiency was granted.
