PEOPLE v. LOEHR


65 Misc.2d 633 (1971)

The People of the State of New York, Plaintiff, v. Robert J. Loehr, Defendant.

District Court of Nassau County, Criminal Term, First District.

February 22, 1971


Attorney(s) appearing for the Case

William Cahn, District Attorney (Jack McKenna of counsel), for plaintiff. Blake & Klemanowicz for defendant.


HENDERSON W. MORRISON, J.

The motion is denied. The words "in any place" as used in section 240.36 of the Penal Law mean any place, and they are not limited in scope so as to mean "in any public place," as suggested by defendant.

The defendant has moved for an order dismissing the information herein on the ground that section 240.36 of the Penal Law applies only to loitering "in a public place," despite the fact that the statute itself...

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