Legal Opinion
People v. Pagnotta
New York Court of Appeals
Decided October 29, 1969PublishedCited by 178 opinions
1Opinion of the CourtJasen, J.
On this appeal, the defendant questions the constitutionality of subdivision 5 of section 1533 of the former Penal Law which made it a misdemeanor to loiter in the common areas of a building for the purpose of unlawfully using or possessing any narcotic drug.1
On November 29, 1965, while on patrol in Kings County, Patrolman John Connelly of the New York City Police Department saw the defendant and two others enter a building. Since the defendant was known by Officer Connelly to be a narcotics addict, the officer’s suspicions were aroused and he entered an adjoining building and went to the…
2Cases cited5 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- United States v. HarrissSupreme Court of the United States · 1954
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- People v. RizzoNew York Court of Appeals · 1927
- Burmeister v. New York City Police DepartmentDistrict Court, S.D. New York · 1967
3Cited by178 opinions
- People v. BroadieNew York Court of Appeals · 1975
- Montgomery v. DanielsNew York Court of Appeals · 1975
- City of Tacoma v. LuveneWashington Supreme Court · 1992
- People v. BrightNew York Court of Appeals · 1988
- People v. IllardoNew York Court of Appeals · 1979
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