N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Order, Public Sensibilities and the Right to Privacy / ARTICLE Offenses Against Public Order
New York Consolidated Laws

N.Y. Penal Law § 240.35 (2026)

Loitering

✓ current as of May 2026
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§ 240.35 Loitering.
  A person is guilty of loitering when he:
  2. Loiters or remains in a public place for the purpose of gambling
with cards, dice or other gambling paraphernalia; or
  5. Loiters or remains in or about school grounds, a college or
university building or grounds or a children's overnight camp as defined
in section one thousand three hundred ninety-two of the public health
law or a summer day camp as defined in section one thousand three
hundred ninety-two of the public health law, or loiters, remains in or
enters a school bus as defined in section one hundred forty-two of the
vehicle and traffic law, not having any reason or relationship involving
custody of or responsibility for a pupil or student, or any other
specific, legitimate reason for being there, and not having written
permission from anyone authorized to grant the same or loiters or
remains in or about such children's overnight camp or summer day camp in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
  6. Loiters or remains in any transportation facility, unless
specifically authorized to do so, for the purpose of soliciting or
engaging in any business, trade or commercial transactions involving the
sale of merchandise or services, or for the purpose of entertaining
persons by singing, dancing or playing any musical instrument; or
  Loitering is a violation.
Notes of Decisions
Cited in 61 cases (2 in the last 5 years), 1975–2024 · leading case: Casale v. Kelly, 257 F.R.D. 396 (S.D.N.Y. 2009).
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Casale v. Kelly, 257 F.R.D. 396 (S.D.N.Y. 2009). · cites it 11× “All individuals arrested, or prosecuted by a DAO, charged solely for violating N.Y. Penal Law § 240.35 (3) or § 240.35(7), and not charged with other criminal offenses arising out of the same incident.”
People v. Bright, 520 N.E.2d 1355 (NY 1988). · cites it 10× “The issue presented on these two appeals is whether Penal Law § 240.35 (7), which provides that "[a] person is guilty of loitering when he * * * [ljoiters or remains in any transportation facility, or is found sleeping therein, and is unable to give a satisfactory explanation of…”
Kee v. City of New York, 12 F.4th 150 (2d Cir. 2021). · cites it 2× “Kee also argues that, under New York law, loitering for the purpose of gambling is a 13 violation, see N.Y. Penal Law § 240.35 (2), not a crime, and thus the officers must have observed Kee in the act of gambling in order to have had probable cause to effectuate his arrest.”
Brown v. Kelly, 609 F.3d 467 (2d Cir. 2010). · cites it 2× “” N.Y. Penal Law § 240.35 (1). In Loper, we held that section 240.”
People v. Hoffstead, 28 Misc. 3d 16 (N.Y. App. Term. 2010). · cites it 9× “Defendant was arrested for loitering for the purpose of begging (Penal Law § 240.35 [1]), and a search incident to the arrest yielded a pipe with a residue of a controlled substance.”
Young v. New York City Transit Auth., 903 F.2d 146 (2d Cir. 1990). · cites it 13× “6 as in contravention of the First Amendment, and we vacate that part of the judgment declaring N.Y. Penal Law § 240.35 (1) to be violative of the New York State Constitution.”
Casale v. Kelly, 710 F. Supp. 2d 347 (S.D.N.Y. 2010). · cites it 4× “N.Y. Penal L. § 240.35 (3). 9 . See 71 N.”
People v. Davidson, 780 N.E.2d 972 (NY 2002). · cites it 2× “Following a jury trial, defendant was convicted of loitering “in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia” (Penal Law § 240.35 [2]). He moved to set aside the verdict pursuant to CPL 330.”
People v. Superior Court, 758 P.2d 1046 (Cal. 1988). · cites it 2× “383 ], quoting N.Y. Pen. Law § 240.35 (7).) The court explained that "the vagueness of a proscription of loitering alone .”
Lefkowitz v. Newsome, 420 U.S. 283 (1975). · cites it 2× “The respondent Leon Newsome was arrested pursuant to N. Y. Penal Law § 240.35 (6) for loitering in the lobby of a New York City Housing Authority apartment building.”
People v. Aboaf, 187 Misc. 2d 173 (N.Y. City Crim. Ct. 2001). · cites it 7× “Each defendant here is charged in an information with violating Penal Law § 240.35 (4) which prohibits being masked or disguised in a public place while congregating with others who are also masked or disguised.”
James Speet v. Bill Schuette, 726 F.3d 867 (6th Cir. 2013). “1993), affirmed the district court’s judgment that had declared unconstitutional, on First Amendment grounds, a state statute which stated that “[a] person is guilty of loitering when he: l.”
Show all 61 citing cases →
— N.Y. Penal Law § 240.35(1) — 5 cases
Loper v. New York City Police Dep't, 802 F. Supp. 1029 (S.D.N.Y. 1992).
Loper v. New York City Police Dep't, 853 F. Supp. 716 (S.D.N.Y. 1994).
Young v. New York City Transit Auth., 903 F.2d 146 (2d Cir. 1990). “6 as in contravention of the First Amendment, and we vacate that part of the judgment declaring N.Y. Penal Law § 240.35 (1) to be violative of the New York State Constitution.”
Jefferson v. Rose, 869 F. Supp. 2d 312 (E.D.N.Y 2012).
Young v. New York City Transit Auth., 729 F. Supp. 341 (S.D.N.Y. 1990).
— N.Y. Penal Law § 240.35(4) — 1 case
Church of the Am. Knights of the Ku Klux Klan v. Kerik, 232 F. Supp. 2d 205 (S.D.N.Y. 2002).
— N.Y. Penal Law § 240.35(6) — 1 case
People v. Morales (Sigfredo) (N.Y. App. Term. 2017).
— N.Y. Penal Law § 240.35(7) — 2 cases
Davis v. City of New York, 902 F. Supp. 2d 405 (S.D.N.Y. 2012).
Int'l Soc'y for Krishna Consciousness, Inc. v. New York Port Auth., 425 F. Supp. 681 (S.D.N.Y. 1977).
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