No sex, no case, says Madam's accomplice

The alleged accomplice of the "soccer mom madam" of the Upper East Side has filed a motion to have her case dismissed, saying the undercover cop whose tryst she purportedly arranged didn't have sex.

Jaynie Mae Baker's attorney, Robert Gottlieb, filed court papers Tuesday asking that the charge of promoting prostitution be dropped because the two women whom she and Anna Gristina procured for an undercover cop had sex with each other, but not with him.

That makes the behavior a paid performance, but not prostitution, Gottlieb argued, according to the New York Post. Also, taped recordings of the cop's meeting with Baker and Gristina do not specify that he is offering money for sex, Gottlieb claimed.

The Manhattan District Attorney declined to comment on the filing.