THE PEOPLE, res, v. NIXIA MARTINEZ, def-app

14-271. THE PEOPLE, res, v. NIXIA MARTINEZ, def-app — Judgment of conviction (Marc J. Whiten, J.), rendered September 25, 2013, modified, on the law, to vacate the convictions for loitering for the purpose of engaging in a prostitution offense under docket numbers 2013BX041674 and 2013BX041375 and to dismiss the accusatory instruments relating thereto; as modified, judgment affirmed.

We find unavailing defendant’s challenge to the facial sufficiency of the accusatory instrument charging loitering for the purpose of engaging in a prostitution offense (see Penal Law §240.37) under docket number 2013BX044226. The information — comprising the misdemeanor complaint and supporting deposition of the arresting officer — alleged that at a specified time and street location, police observed defendant “loiter[ing] and wander[ing] about…during which time defendant beckoned to passing traffic and stopped or attempted to stop 3 male passersby and 3 male motorists”; that the arresting officer “has seen the defendant at the above location on other occasions engaging in the same conduct” and “previously arrested defendant for a prostitution related offense;” conduct which led the officer to conclude, based upon his training and experience with regard to prostitution-related offenses, that defendant was loitering for the purpose of prostitution. These allegations established reasonable cause to believe and a prima facie case that defendant was loitering for the purpose of engaging in a prostitution offense (see Penal Law §240.37; People v. Smith, 44 NY2d 613, 622 [1978]).