X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›