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 § 240.46 (2026)

Criminal nuisance in the first degree

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 240.46 Criminal nuisance in the first degree.
  A person is guilty of criminal nuisance in the first degree when he
knowingly conducts or maintains any premises, place or resort where
persons come or gather for purposes of engaging in the unlawful sale of
controlled substances in violation of section 220.39, 220.41, or 220.43
of this chapter, and thereby derives the benefit from such unlawful
conduct.
  Criminal nuisance in the first degree is a class E felony.
Notes of Decisions
Cited in 3 cases, 2003–2006 · leading case: People v. Monday, 309 A.D.2d 977 (N.Y. App. Div. 3d Dep't 2003).
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People v. Monday, 309 A.D.2d 977 (N.Y. App. Div. 3d Dep't 2003). · cites it 2× “That crime is committed when a person “knowingly conducts or maintains any premises, place or resort where persons come or gather for purposes of engaging in the unlawful sale of controlled substances * * * and thereby derives the benefit from such unlawful conduct” (Penal Law §…”
Bullard v. City of New York, 240 F. Supp. 2d 292 (S.D.N.Y. 2003). “50 ); and harassment in the second degree ( N.Y. Penal L. § 240.46 ) before being released after thirteen hours in custody.”
People v. Juarez, 13 Misc. 3d 1131 (2006). “That Toxtle was, at least at that point, “annoyed” or “alarmed” (Penal Law § 240.46), cannot be gainsaid. Accordingly, the People have sustained their burden of proof with respect to count 7, the charge of harassment in the second degree, and the court finds defendant guilty of…”
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