People v. Davidson

Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered March 21, 2002, convicting defendant after a jury trial of loitering.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him after a jury trial of loitering in violation of subdivision (2) of Penal Law § 240.35, defendant contends that Supreme Court erred in denying his motion pursuant to CPL 330.30 to set aside the verdict based on the alleged unconstitutionality of that subdivision. We conclude that the court properly…