The defendant is charged with violating subdivision 6 of section 240.35 of the Penal Law of the State of New York, which statute reads as follows: "A person is guilty of loitering when he: * * * 6. Loiters, remains or wanders in or about a place without apparent reason and under circumstances which justify suspicion that he may be engaged or about to engage in crime, and, upon inquiry by a peace officer, refuses to identify himself...
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