Desk Appearance Tickets (DATs) for Penal Law §230.04 — Patronizing a Person for Prostitution (NYC): What it means, penalties, and why you should hire an experienced defender like Matthew Galluzzo

Getting handed a Desk Appearance Ticket — a “DAT” — can feel like a small piece of paper with big consequences. In New York City, one common DAT charge is Penal Law §230.04 — Patronizing a Person for Prostitution (Third Degree). This article explains what that charge means, the possible penalties and collateral effects, how DAT cases usually proceed, and why having an experienced criminal defense attorney such as Matthew Galluzzo can make a real difference.

What is a Desk Appearance Ticket (DAT)?

A DAT is an order from the police directing someone to appear in criminal court on a future date for arraignment instead of being taken through full central booking. Even though a DAT may look “just like a ticket,” it is the start of a criminal prosecution — you have been arrested and you must appear in court on the date shown. DATs are commonly used for low-level offenses, including many misdemeanors.

What does Penal Law §230.04 (Patronizing) actually prohibit?

Penal Law §230.04 makes it a crime to “patronize a person for prostitution.” Under the statute and the jury instructions used in New York courts, a person “patronizes” another when they pay, agree to pay, or solicit another to engage in sexual conduct in return for a fee (the statute and official CJI jury charge set out the precise language and elements). The sex of the parties is immaterial; the elements focus on the act of paying/offering to pay or soliciting sexual conduct for a fee.

Classification and possible penalties

• Classification: Patronizing in the third degree (Penal Law §230.04) is a Class A misdemeanor in New York.
• Potential sentence: A Class A misdemeanor can carry up to one year in jail, and/or fines and probation. Even where jail is unlikely, the charge creates a permanent criminal record if there is a conviction.

Collateral consequences to keep in mind

Even without jail time, a misdemeanor patronizing conviction can cause serious collateral harm:

• Permanent criminal record that shows on background checks;
• Damage to employment, professional licenses, housing applications, immigration status or custody disputes;
• Public embarrassment and reputational harm.

These outcomes are often more important to avoid than the raw sentencing exposure. Experienced defense strategy focuses not just on avoiding jail but on avoiding a conviction or landing a non-criminal disposition whenever possible.

How DAT patronizing cases typically play out (common outcomes)

When a DAT is issued for §230.04, typical paths the case may follow include:

• Dismissal — the prosecutor declines to proceed. This happens fairly rarely.
• Adjournment in Contemplation of Dismissal (ACD) or other diversion options — often used in lower-level cases.
• Reduction to a non-criminal violation such as Disorderly Conduct (Penal Law §240.20) by negotiated plea — a common resolution that avoids a criminal conviction on the record.
• Plea to the misdemeanor or trial — less common in DAT cases if a good defense or negotiations are possible.

Which outcome is realistic depends on the facts (how the police operation was run, witness credibility, whether entrapment or other defenses apply), your criminal history, and the ability of counsel to negotiate and advocate effectively for diversion or dismissal. The Law Office of Matthew Galluzzo, PLLC+1

Common defenses and strategies

Depending on the facts, defenses and strategies can include:

• Challenging the identification or the evidence that a “fee” exchange occurred;
• Entrapment or impermissible police conduct in sting operations;
• Lack of intent or mistake of fact (e.g., if there was no agreement to pay for sexual conduct);
• Negotiating alternatives (ACD, adjournment, or plea to a non-criminal violation) to avoid a conviction, perhaps in combination with an agreement by the defendant to complete a rehabilitative course or community service or counseling.

A defense lawyer will review police reports, body-cam or surveillance footage, witness statements, and any communications (texts, app messages) to test the prosecutor’s case and push for the best possible result.

Why hire Matthew Galluzzo to defend a DAT for §230.04?

If you’ve been issued a DAT for patronizing a person for prostitution, the early steps your lawyer takes matter. Here are the reasons someone should consider hiring Matthew Galluzzo:

1. Local courtroom experience. A former Manhattan prosecutor familiar with New York City criminal courts, he knows local practices, which judges and assistant district attorneys are more likely to accept diversion or reductions, and how best to present early requests for non-criminal resolutions. That institutional knowledge helps get results faster and more quietly.
2. Immediate, strategic advocacy. A DAT is the start of a prosecution — prompt legal intervention maximizes the chance of dismissal, ACD, or a reduction to a non-criminal violation. An experienced attorney moves the case from day one: obtaining and reviewing discovery, filing appropriate motions or requests, and negotiating with prosecutors.
3. Privacy and damage-control focus. Cases involving sexual activity are particularly sensitive. A skilled defense lawyer knows how to limit public exposure, press for confidential handling where possible, and avoid unnecessarily airing details that can harm reputation or employment. Mr. Galluzzo is a former sex crimes prosecutor with a long track record of success in these types of cases.
4. Negotiation + trial readiness. Effective defense counsel balances the ability to negotiate favorable plea resolutions with real trial preparation. Prosecutors are more likely to offer deals when they know the defense is prepared to litigate the case. Mr. Galluzzo has won acquittals at trial in serious sex crimes cases that have appeared in the news, in both state and federal courts in New York.
5. Holistic outcomes counseling. Beyond the immediate charge, Mr. Galluzzo can advise about record sealing, collateral consequences, expungement or sealing options (where they apply), and steps to minimize long-term impact.

Practical steps if you receive a DAT for patronizing (do these right away)

1. Do not ignore the DAT. You must appear in court on the date shown — an additional arrest warrant or bench warrant can be issued otherwise.
2. Contact an experienced criminal defense lawyer immediately. Early attorney involvement improves your chances of a favorable disposition.
3. Preserve evidence and notes. Write down what happened, preserve messages/texts, and keep any receipts or location data that could help your defense.
4. Avoid discussing the case with police or on social media. Anything you post may be used by the prosecutor.

Bottom line

A Desk Appearance Ticket for Penal Law §230.04 (patronizing a person for prostitution) may look like a routine ticket but it starts a criminal case that can have serious legal and personal consequences. With the right early strategy you may avoid a conviction — dismissal, diversion, or reduction to a non-criminal violation are realistic outcomes in many DAT cases. Because timing, negotiation and courtroom know-how matter, hiring experienced criminal defense counsel — someone who will move quickly, protect your privacy, and push for the best possible result — is critical.

If you’re facing a DAT for patronizing, contact a defense attorney promptly to discuss your options. An experienced lawyer like Matthew Galluzzo will review the facts, explain the likely outcomes, and work to minimize or eliminate the long-term consequences of the charge.

Sources & further reading

• Official CJI jury charge and Penal Law language for Penal Law §230.04. New York Courts