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PEOPLE v. PAGNOTTA

25 N.Y.2d 333 (1969)

The People of the State of New York, Respondent, v. Michael Pagnotta, Appellant.

Court of Appeals of the State of New York.

Decided October 29, 1969.

Attorney(s) appearing for the Case

Joel Berger and Milton Adler for appellant.

Eugene Gold, District Attorney (Harry Brodbar of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, and GIBSON concur.

JASEN, J.

On this appeal, the defendant questions the constitutionality of subdivision 5 of section 1533 of the former Penal Law which made it a misdemeanor to loiter in the common areas of a building for the purpose of unlawfully using or possessing any narcotic drug.1

On November 29, 1965, while on patrol in Kings County, Patrolman John Connelly of the New York City Police...

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