SUPREME COURT OF THE STATE
OF NEW YORK, COUNTY OF KINGS
-----------------------------------x
FRED CHERRY and MARGO ST. JAMES,   :
                                   :
                      Plaintiffs,  :
                                   :
                                   :          AMENDED
             -v-                   :     VERIFIED_COMPLAINT
                                   :
                                   :
EDWARD I. KOCH, in his official    :
capacity as Mayor of the City      :
of New York;                       :
ELIZABETH HOLTZMAN, in her         :
official capacity as District      :
Attorney for the County of Kings;  :
and BENJAMIN WARD in his official  :
capacity as Police Commissioner    :
of the City of New York,           :
                                   :
                      Defendants.  :
-----------------------------------x


                     I. PREFATORY_STATEMENT


       1.  Plaintiffs FRED CHERRY and MARGO ST. JAMES  bring this
action, pursuant to CPLR @3001, seeking a judgment declaring that
New  York Penal Laws @@230.00 and 230.03 are unconstitutional  on
the grounds that they intrude upon plaintiffs' fundamental  right
to   privacy,   and  are  arbitrary  and  capricious,   depriving
plaintiffs  of rights guaranteed under the due process clause  of
the  Fourteenth  Amendment  to the  Constitution  of  the  United
States,  and  the  due  process  clause of  Art.  1,  @6  of  the
Constitution of the State of New York,  and deprive plaintiffs of
equal  protection  of  the  laws,   in  violation  of  the  equal
protection clause of the Fourteenth Amendment to the Constitution
of the United States and the equal protection clause of  Art.  1,
@11 of the Constitution of the State of New York.

       2.  On October 22,  1984, the Supreme Court, Kings County,
per Hirsch,  J.,  dismissed this complaint for failure to state a
cause  of  action,  because plaintiffs failed to state where  and
under  what  circumstances  they had  violated  and  intended  to
violate New York Penal Law @@230.00 and 230.03. The court granted
plaintiffs leave to submit an amended complaint.


                           II. PARTIES

       3. FRED_CHERRY

          a.  Plaintiff  FRED CHERRY is an adult resident of  the
State of New York, residing in Kings County.

          b.  Plaintiff  CHERRY suffers from a medical  condition
known as malabsorption syndrome (also known as celiac disease).

          c.  Said  medical condition causes plaintiff CHERRY  to
suffer from emaciation and extreme fatigue,  making it impossible
for  him  to  engage  in normal social activities  that  lead  to
meeting women and sexual relationships. *

          d. After many years of unsuccessful attempts to develop
a  sexual  relationship with a  non-prostitute  woman,  plaintiff
CHERRY  first  had  sex,  at the age  of  thirty,  with  a  woman
prostitute.

          e.  Because  of  the  aforesaid  disability,  plaintiff
CHERRY   has  had  to  rely  on  women  prostitutes  for   sexual
gratification, thus violating Penal Law @230.03.

          f. Plaintiff CHERRY has maintained sexual relationships
with  women prostitutes to the present time,  and has never had a
sexual relationship in New York State with a non-prostitute.

          g. As the affidavit of Plaintiff CHERRY, annexed hereto
as  Exhibit A demonstrates,  plaintiff has patronized prostitutes
in Kings County.  His solicitation of prostitutes took place both
in  privately-owned clubs and through telephonic  communications.
His patronage of prostitutes took place in private residences. He
intends  to  continue  to meet prostitutes in  Kings  County,  in
privately-owned  clubs or over the telephone,  and  to  patronize
them in private residences.