People v. Davidson

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who after a jury trial was found not guilty of two narcotic possession charges but guilty of the violation of loitering, pursuant to CPL 330.30 (1), to vacate the guilty verdict upon the ground that the loiter*1000ing statute is unconstitutional,1 and as such would require a reversal of the conviction as a matter of law upon an appeal.

Section 240.35 (2) of the Penal Law provides as follows:

“A person is guilty of loitering when he:

“Loiters or remains in a public place for the purpose of gambling with cards, dice or other…