People v. Taggart

Defendant, charged with violating subdivision 6 of section 240.35 of the Penal Law moves to dismiss the information upon the ground that the subdivision is unconstitutional. He claims: (1) ‘1 Loiters, remains or wanders in or about a place without apparent reason ” is vague and indefinite in that it unreasonably interferes with a person’s freedom to move about or stand still, and (2) a person may be arrested on ‘ ‘ justifiable suspicion ’ ’ and not probable cause. The argument parallels People v. Beltrand (63 Misc 2d 1041) and People v. Villaneuva (65 Misc 2d 484) where the courts agreed with…