September 4, 2007 -- He got off - on a technicality.
Five times last year, porn actor and registered sex offender Kenneth Hoyt allegedly exposed himself and started masturbating on Manhattan subways - once in front of two 16-year-old girls.
But the whole bundle of misdemeanor charges - including seven counts of public lewdness, one count of indecent exposure and two counts of endangering the welfare of a child - were dismissed by a criminal court judge last week.
The reason? Prosecutors with the Manhattan District Attorney's Office missed the legal deadline for bringing the Hell's Kitchen perv to trial in a timely manner - by only four days.
ADA Amir Vonsover, who was the lead prosecutor on the case, conceded it was now too late to bring Hoyt to justice.
Hoyt left court smiling Thursday after his legal windfall. He declined to comment except to say he enjoyed the prospect of the District Attorney's Office being embarrassed by their snafu.
"That'd be good," he grinned.
Hoyt, who lives on Ninth Avenue at 49th Street, was arrested in 2003 and 2004 for prostitution, aggravated harassment and lewdness.
He has been a level-three registered sex offender since his 1986 California conviction for having sex with a 13-year-old girl.
Prosecutors had found seven women and girls who recognized Hoyt as the lewd exhibitionist who'd flashed them during subway rides on five days last spring and summer.
He was arrested after one of his alleged victims noticed that a porn Web site address was printed on the back of his jacket. She memorized the address, then checked it out. There she found her alleged flasher's name and X-rated pictures - leading to his arrest.
Prosecutors have 90 days from a defendant's arraignment to answer ready for trial, not counting the days when they and defense counsel are filing and responding to pretrial motions or waiting for judge's decisions.
Manhattan prosecutors finally answered ready for trial on Thursday, but conceded Legal Aid lawyer Jennifer Blasser's argument that 94 days had actually passed.
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