People v. Goodwin

OPINION OF THE COURT

B. Marc Mogil, J.

On January 18, 1986, at approximately 9:45 a.m., the defen*658dant was arrested in the lower level waiting room of the Freeport railroad station and charged with criminally possessing a hypodermic instrument (Penal Law § 220.45) and loitering (Penal Law § 240.35 [7]).

The defendant was first seen by the arresting police officers laying on a bench located in the corner of the waiting room, apparently sleeping. The police officers took note that defendant was sleeping on the bench, but proceeded to check out the rest of the railroad station.

Approximately 15…