New York Statutes
§ 240.40 — Appearance in public under the influence of narcotics or a drug other than alcohol
New York § 240.40
JurisdictionNew York
Law PENPenal
Title NOffenses Against Public Order, Public Sensibilities and the Right to Privacy
Part 3Specific Offenses
Art. 240Offenses Against Public Order
This text of New York § 240.40 (Appearance in public under the influence of narcotics or a drug other than alcohol) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.Y. Penal § 240.40 (2026).
Text
§ 240.40 Appearance in public under the influence of narcotics or a drug\n other than alcohol.\n A person is guilty of appearance in public under the influence of\nnarcotics or a drug other than alcohol when he appears in a public place\nunder the influence of narcotics or a drug other than alcohol to the\ndegree that he may endanger himself or other persons or property, or\nannoy persons in his vicinity.\n Appearance in public under the influence of narcotics or a drug other\nthan alcohol is a violation.\n
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Related
People v. Tocco
138 Misc. 2d 510 (New York Supreme Court, 1988)
People v. Bothwell
175 Misc. 2d 592 (New York Supreme Court, 1998)
Nearby Sections
15
§ 240.05
Riot in the second degree§ 240.06
Riot in the first degree§ 240.08
Inciting to riot§ 240.10
Unlawful assembly§ 240.15
Criminal anarchy§ 240.20
Disorderly conduct§ 240.25
Harassment in the first degree§ 240.26
Harassment in the second degree§ 240.33
Aggravated harassment of a judge§ 240.35
LoiteringCite This Page — Counsel Stack
Bluebook (online)
New York § 240.40, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/PEN/240.40.