PEOPLE v. GRAHAM


177 Misc.2d 542 (1998)

677 N.Y.S.2d 667

The People of the State of New York, Appellant, v. Damion M. Graham, Respondent.

Supreme Court, Appellate Term, Second Department.

May 19, 1998


Attorney(s) appearing for the Case

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Kirsten A. Rappleyea of counsel), for appellant. David Goodman, Public Defender of Dutchess County, Pough-keepsie (Steven W. Levine of counsel), for respondent.

DiPAOLA, P. J., INGRASSIA and FLOYD, JJ., concur.


MEMORANDUM.

Order unanimously reversed upon the law, accusatory instrument reinstated and matter remanded for further proceedings.

We hold that the subject offense may be committed in a private apartment (contra, People v Nowak, 46 A.D.2d 469).

The plain language of the statute is that loitering in the first degree, i.e., loitering for the purpose of unlawfully...

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