People v. Robert J. L.

The defendant is charged with a violation of section 240.36 of the revised Penal Law, which provides that a person is guilty of loitering when he loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a dangerous drug.

The charge arises out of an incident which occurred on June 16, 1970 at about 11:40 p.m. This defendant with five other boys was sitting around a picnic table on the patio in the backyard of a private residence. They had musical instruments and were playing music which disturbed the neighbors and the police were called. When…