BRADENTON, Fla. —  A 94-year-old Bradenton man whose arrest for soliciting a prostitute became fodder for late-night comedians won't be prosecuted after all.

A judge tossed out the misdemeanor charge Tuesday, saying Frank Milio was entrapped by an undercover officer before his arrest in November.

The judge said the officer walked to Milio's car without being summoned and eventually got him to agree to pay for oral sex.

His attorney, Donald E. Grieco, said he was happy for Milio, whose arrest had blocked him from getting into an assisted-living facility. Milio suffers from dementia.

Grieco said Milio enjoys flirting with pretty women and never had any intention of paying for sex. But prosecutors argued that he knew exactly what he was doing.