Jasen, 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 Departm…
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