People v. Graham

OPINION OF THE COURT

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 AD2d 469).

The plain language of the statute is that loitering in the first degree, i.e., loitering for the purpose of unlawfully using or possessing a controlled substance, can be committed “in any place” (Penal Law § 240.36). It is evident that the Legislature chose these words deliberately; a predecessor of the provision was far more specific,…