US SUPREME COURT DECISIONS

Respondents, charged with violating a New York statute prohibiting loitering

"in a public place for the purpose of engaging, or soliciting another person to engage, in deviate sexual intercourse or other sexual behavior of a deviate nature,"

challenged its constitutionality, and the New York Court of Appeals sustained their claim. This Court granted certiorari.

Held: Where (1) the precise federal constitutional grounds relied upon by the Court of Appeals is uncertain; (2) whatever the constitutional basis of the lower court's decision, it was premised on its earlier decision in another case, so that a meaningful evaluation of the decision below would entail consideration of the question decided in the other case; and (3) petitioner does not challenge the decision in the other case, the instant case provides an inappropriate vehicle for resolving the constitutional issues raised. Accordingly, the writ of certiorari is dismissed as improvidently granted.

Certiorari dismissed. Reported below: 58 N.Y.2d 936, 447 N.E.2d 62. chanrobles.com-red

Page 467 U. S. 247