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 § 240.36 (2026)

Loitering in the first degree

✓ current as of May 2026
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§ 240.36 Loitering in the first degree.
  A person is guilty of loitering in the first degree when he loiters or
remains in any place with one or more persons for the purpose of
unlawfully using or possessing a controlled substance, as defined in
section 220.00 of this chapter.
  Loitering in the first degree is a class B misdemeanor.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1986–2022 · leading case: People v. Shelton, 136 Misc. 2d 644 (N.Y. City Crim. Ct. 1987).
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People v. Shelton, 136 Misc. 2d 644 (N.Y. City Crim. Ct. 1987). · cites it 5× “03), loitering in the first degree (Penal Law § 240.36), and criminally using drug paraphernalia in the second degree (Penal Law § 220.”
United States v. Hines, 628 F.3d 101 (3rd Cir. 2010). “In New York, for example, loitering statutes range from loitering to possess or use drugs, N.Y. Penal Law § 240.36 (McKinney 2008), to loitering for prostitution, id.”
People v. Samuels, 270 A.D.2d 779 (N.Y. App. Div. 2000). · cites it 2× “a count of criminal sale of a controlled substance in the third degree predicated upon an “acting in concert theory” (count one), defendant is individually charged with two counts of criminal possession of a controlled substance (counts five and six) based upon the discovery of…”
Hernandez v. City of Rochester, 260 F. Supp. 2d 599 (W.D.N.Y. 2003). “Officers Cruz and Ross then arrested plaintiff on a charge of Loitering in the First Degree, in violation of N.Y. Penal L. § 240.36 . 3 No drugs were found on plaintiff.”
People v. Graham, 715 N.E.2d 504 (NY 1999). “Whether “in any place” in Penal Law § 240.36 includes a private residence was disputed below but conceded by defendant on this appeal.”
People v. Graham, 177 Misc. 2d 542 (N.Y. App. Term. 1998). “, loitering for the purpose of unlawfully using or possessing a controlled substance, can be committed “in any place” (Penal Law § 240.36). It is evident that the Legislature chose these words deliberately; a predecessor of the provision was far more specific, stating that a…”
People v. Mason, 136 Misc. 2d 968 (N.Y. City Crim. Ct. 1987). “50), loitering in the first degree (Penal Law § 240.36), resisting arrest (Penal Law § 205.”
People v. Ifill, 137 Misc. 2d 14 (N.Y. City Crim. Ct. 1987). “The substance recovered in the form of residue may be used to corroborate allegations of loitering in the first degree (Penal Law § 240.36), of criminally using drug paraphernalia in the second degree (Penal Law § 220.”
People v. Noonan, 220 A.D.2d 811 (N.Y. App. Div. 1995). “g the " 'Sandoval compromise’ ” (see, People v Cooke, 101 AD2d 983, 984 ) permitting the People to cross-examine defendant as to the existence, but not the nature or underlying circumstances, of two 1984 misdemeanor convictions and one 1986 felony conviction for driving while…”
Brown v. Dist. Court, Nassau Cnty., 637 F. Supp. 1096 (E.D.N.Y 1986). “03 ), one count of loitering ( N.Y. Penal Law § 240.36 ), and one count of unlawful possession of marijuana ( N.”
People v. Scott, 176 Misc. 2d 393 (1998). · cites it 5× “Defendant, a passenger in the back seat of a private motor vehicle which was stopped for an alleged violation of the Vehicle and Traffic Law, and in which drugs were found on the front seat near or between two other persons, seeks to dismiss the misdemeanor complaint charging…”
People v. Reynolds, 136 Misc. 2d 307 (N.Y. City Crim. Ct. 1987). “This case involves a "buy and bust” operation in Bronx County, New York, on November 26, 1986 in which the defendant was arrested and charged with loitering in the first degree (Penal Law § 240.36), and criminal possession of a controlled substance in the third degree (Penal Law…”
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