People v. Robert J. L

In People v. Robert J. L., 66 Misc 2d 191, the police were called to a private residence based upon a complaint by a neighbor that a group of boys, including defendant, had musical instruments and were playing loud music that disturbed the neighbor. When the police arrived, they found the boys at the table, on which there was a smoking pipe containing hashish. The court concluded that "[t]he mere fact that a pipe was on the table is insufficient evidence" to conclude that defendant and others were loitering for the purpose of using or possessing a dangerous drug (supra, at 193). It noted that no violation of the statute can be found to have occurred unless the "evidence discloses a pattern of behavior which transcends mere desire or intent," namely an overt act of "such nature and relevancy as to indisputably show the illicit purpose for the loitering" ( People v. Robert J. L., supra, at 192-193). The court further stated that "[a] pipe on the table does not create a presumption of purpose attributable to all" ( People v. Robert J. L., supra, at 193).