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Appellate Term, First Department:February 18, 2020

Appellate Term, First Department:February 18, 2020

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By: Shulman, P.J., Cooper, Edmead, JJ.

15-115. THE PEOPLE OF THE STATE OF NEW YORK, res, v. MOZAMMEL SHARKER, def-app — Judgment of conviction (Joseph J. Dawson, J.), rendered December 18, 2013, affirmed. Contrary to defendant’s sole contention on appeal, the crime of which he was convicted, attempted patronizing a prostitute in the third degree (see Penal Law §§110; 230.04), is a legally cognizable offense (see People v. Menner, 53  Misc 3d 52 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016], lv denied 28 NY3d 1029 [2016]; see also People v. Ward, 123 AD3d 590 [2014], lv denied 25 NY3d 954 [2015]; People v. Rodriguez, 56 AD3d 574 [2008). Inasmuch as the crime of patronizing a prostitute in the third degree (see Penal Law §230.04) is not result-based, but instead imposes criminal liability for engaging in specified conduct, attempted patronizing a prostitute in the third degree is legally cognizable, "since one can attempt to engage in conduct" (People v. Aponte, 16 NY3d 106, 109 [2011], quoting People v. Prescott, 95 NY2d 655, 659 [2001]).  THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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