People v. McNamara, 78 N.Y.2d 626 (1991)

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For a conviction of public lewdness under Penal Law § 245.00(a) involving acts within a parked vehicle, the prosecution must demonstrate the vehicle’s interior was visible to the public and the vehicle was located where it would likely be observed by passersby.

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Summary

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This case addresses the definition of “public place” within the context of New York’s public lewdness statute. The Court of Appeals held that for acts committed inside a parked vehicle to constitute public lewdness, the prosecution must prove the vehicle’s interior was visible to the public and the vehicle was parked where it was likely to be observed. The Court rejected the argument that any place accessible to the public automatically qualifies as a