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PEOPLE v. BRIGHT

71 N.Y.2d 376 (1988)

The People of the State of New York, Appellant, v. Paul Bright, Also Known as John Doe, Respondent. The People of the State of New York, Appellant, v. Alfred Clark, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1988.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Barbara A. Sheehan and Norman Barclay of counsel), for appellant.

Michele Maxian and Caesar D. Cirigliano for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

The issue presented on these two appeals is whether Penal Law § 240.35 (7), which provides that "[a] person is guilty of loitering when he * * * [l]oiters or remains in any transportation facility, or is found sleeping therein, and is unable to give a satisfactory explanation of his presence", is constitutional. We hold that this statute is unconstitutionally...

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