People v. Scott

*394OPINION OF THE COURT

Roy W. King, J.

Defendant, a passenger in the back seat of a private motor vehicle which was stopped for an alleged violation of the Vehicle and Traffic Law, and in which drugs were found on the front seat near or between two other persons, seeks to dismiss the misdemeanor complaint charging her with a violation of Penal Law § 240.36, loitering in the first degree, on the ground that a private motor vehicle is not “a place” within the meaning of the statute.1

The court finds that a private motor vehicle is not “a place” within the meaning of Penal Law § 240.36, and that the…