People v. Smith, 26 N.Y.2d 331 (1970)

A statute prohibiting loitering for the purpose of unlawfully using or possessing narcotic drugs is constitutional because it is a reasonable restriction on individual freedom for the public good and is not impermissibly vague.

Summary

The New York Court of Appeals upheld the constitutionality of a statute making it a misdemeanor to loiter in common areas of a building for the purpose of unlawfully using or possessing narcotic drugs. The defendant, found with narcotics paraphernalia and a liquid substance, argued the statute was unconstitutionally vague and lacked proper purpose. The court disagreed, finding that the statute clearly prohibited loitering with the intent to commit a crime (drug use/possession) and served a reasonable purpose in protecting the public from the dangers associated with drug use in public areas. The court distinguished this from statutes punishing mere loitering or status.

Facts

Patrolman Connelly saw Smith, known to be a narcotics addict, enter a building. The officer followed and found Smith and two others on a stair landing. Smith held a bottle cap containing a liquid, and another man possessed a hypodermic needle and eyedropper. A third man had empty glassine envelopes. Smith dropped the bottle cap, spilling the liquid, which was not recovered. Officer Connelly testified that bottle caps are commonly used as “cookers” for heroin.

Procedural History

Smith was arrested and charged with possession of narcotics instruments and violating the loitering statute. The charge of possession of narcotics instruments was dismissed. Smith was convicted under the loitering statute and sentenced to 60 days. The Appellate Term affirmed the conviction, and Smith appealed to the New York Court of Appeals.

Issue(s)

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that Smith was loitering for the purpose of possessing or using a narcotic drug.
2. Whether the loitering statute is unconstitutionally vague or lacks a proper purpose.

Holding

1. Yes, because the circumstances of the gathering, the possession of narcotics implements by one of defendant’s companions, and the expert testimony of the police officer support the inference that the defendant and his companions had gathered to take narcotic drugs.
2. No, because the statute is sufficiently definite and bears a reasonable relation to the public good.

Court’s Reasoning

The court reasoned that the statute prohibits loitering for the purpose of committing a crime (unlawful drug use or possession), not mere loitering itself. The court found that the circumstances – Smith’s presence in a building known for drug activity, his possession of a “cooker,” and his companion’s possession of a needle and eyedropper – supported the inference that Smith was loitering for the purpose of using narcotics. The court emphasized that circumstantial evidence can be sufficient to prove guilt if the facts are inconsistent with innocence and exclude every reasonable hypothesis but guilt. The Court distinguished this case from *People v. Rizzo*, noting that Smith and his companions were much closer to actually using the drugs than the defendants in *Rizzo* were to completing the robbery. The Court also held that the statute was not unconstitutionally vague because it provides sufficient notice of what conduct is prohibited. The statute has a reasonable purpose: to protect the public from the dangers associated with drug use in public areas. The Court quoted *Matter of Van Berkel v. Power, 16 Y 2d 37, 40*, stating that there is a strong presumption that a statute duly enacted by the Legislature is constitutional, and the invalidity of the law must be demonstrated beyond a reasonable doubt. The court stated, “The statute makes it illegal to loiter about any ‘stairway, staircase, hall, roof, elevator, cellar, courtyard or any passageway of a building for the purpose of unlawfully using or possessing any narcotic drug’.”