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PEOPLE v. DAVIDSON

98 N.Y.2d 738 (2002)

780 N.E.2d 972

751 N.Y.S.2d 161

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAYSON DAVIDSON, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 2002.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for appellant.

Howard R. Relin, District Attorney, Rochester (Arthur G. Weinstein of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed.

Following a jury trial, defendant was convicted of loitering "in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia" (Penal Law § 240.35 [2]). He moved to set aside the verdict pursuant to CPL 330.30 (1) on the ground that Penal Law § 240.35 (2) is unconstitutional. Supreme Court granted that motion, but a divided Appellate Division...

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