People v. Loehr

The motion is denied. The words “ in any place ” as used in section 240.36 of the Penal Law mean any place, and they are not limited in scope so as to mean ‘ ‘ in any public place, ’ ’ as suggested by defendant.

The defendant has moved for an order dismissing the information herein on the ground that section 240.36 of the Penal Law applies only to loitering “in a public place,” despite the fact that the statute itself provides “ in any place ”. It is conceded herein that the defendant was arrested for loitering for the purposes described in the statute while in the back yard of a private home.

S…