NEW YORK (CBSNewYork/AP) — The former matchmaking recruiter charged in New York with helping alleged “madam” Anna Gristina run a big-money brothel said her case should be dismissed because no sex with prostitutes was caught on tape.

Lawyer Robert Gottlieb filed court papers Tuesday in the case against Jaynie Mae Baker, who was charged with promoting prostitution. Prosecutors say she worked with Gristina.

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Both pleaded not guilty.

Court papers said that an undercover officer taped a sexual encounter involving two women at an apartment, but not with the officer.

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The lawyer argued the officer would have had to have a sexual encounter with the women for the act to be considered prostitution. He also says there’s no evidence Baker arranged the meet-up or any payment.

Baker is out on bond.

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