What is the test for vagueness in a section of the New York State Code of Criminal Procedure on the grounds that the phrase "other sexual behavior of a deviate nature" fails to give adequate notice of the conduct declared to be criminal?

Finally, it said that the statute is void for vagueness on the ground that the phrase "other sexual behavior of a deviate nature" fails to give adequate notice of the conduct declared to be criminal. This phrase, however, represents a permissible legislative technique to avoid the cataloguing of the multiple variations of deviate sexual behavior. The courts may competently construe this phrase by appropriately restricting its meaning (see People v. Illardo, 48 N.Y.2d 408, 423 N.Y.S.2d 470, 399 N.E.2d 59). This phrase when measured by common understanding and practice adequately establishes sufficient warning as to the conduct to be avoided. Furthermore, none of the present defendants are in position to maintain uncertainty insofar as their acts are concerned.