Per Curiam.
The record here is devoid of any proof of (1) that the defendant frequented or loitered about a public place for the purpose of committing the crime specified in subdivision 8 of section 722 of the Penal Law, or (2) that the defendant solicited anyone for any purpose whatsoever; (3) that there was an intention on the part of the defendant to provoke a breach of the peace and (4) that the defendant's alleged acts, charged to have been committed behind closed doors of cubicles, may have occasioned or had occasioned a breach of the peace.
Accordingly, the complaint charging the defendant with disorderly conduct, pursuant to the above subdivision and section should be dismissed. ( People v. Humphrey, 111 N.Y.S.2d 450; People v. Strauss, 114 N.Y.S.2d 322.)
The judgment of conviction should be reversed and complaint dismissed and fine remitted.
KOZICKE, KOZINN and MOLLOY, JJ., concur.
Judgment reversed, etc.