New York Court of Appeals
The People of the State of New York v. Cheryl McNamara, Alma Harrison, Rose Marie Terrell and Martyn D. Hill
December 19, 199178 N.Y.2d 626
Summary
The Court affirmed the dismissal of the public lewdness informations, holding that the allegations failed to show that the interior of the parked vehicles was a "public place" because they did not demonstrate that the lewd acts were likely to be observed by casual passersby. The decision rejected the requirement of intent to be observed and required factual allegations of likely observation.