Queens Judge Dismisses 100s Of Prostitution-Related Charges

KEW GARDENS, QUEENS —Queens Acting Supreme Court Justice Toko Serita on Tuesday granted the Queens County District Attorney's request to dismiss nearly 700 criminal cases involving people charged with loitering for the purpose of engaging in prostitution and prostitution-related crimes.

The court also will seal cases to prevent individuals originally charged from having criminal records on these matters.

Queens DA Melinda Katz made the request to dismiss and seal during a virtual hearing. The justice's decision to grant the request comes a month after legislators in Albany repealed Penal Law 240.37, a loitering law Katz argued was vague, and too often targeted women, trans people and people of color based solely on their appearance.

"Historical data shows that enforcement of this statute had primarily been used to arrest people based on their gender or appearance," Katz said. "Dismissing cases related to this unfair and now repealed statute frees members of our community from the collateral consequences of their arrests."

Katz continued: "Instead of prosecuting these defendants, we need to provide a helping hand by connecting them with meaningful services, support options and the necessary tools that will assist them to safely exit the sex trade if that is what they choose to do."

Before Justice Serita, Katz requested the dismissal of:

• 146 cases of defendants with outstanding warrants on open cases charging 240.37 and related charges. The DA requested that all warrants be vacated and the cases dismissed.
• 84 cases of defendants with outstanding warrants on cases charging 240.37 and related charges who failed to appear after pleading guilty. The DA requested these warrants also be vacated and that the convictions on those cases be vacated and the cases dismissed.
• 443 cases of defendants with outstanding warrants on pending cases charging 230.00 (prostitution) and related charges. The DA requested these warrants be vacated and the cases dismissed.

In granting the application, Justice Serita thanked Katz for her leadership in advocating for the repeal of the law and her request to have the loitering and prostitution cases dismissed.