People v. Knickerbocker

OPINION OF THE COURT

Gregory A. Gates, J.

The “defendant” is charged with violating Alcoholic Beverage Control Law § 65-c. While not a penal statute in the true sense of the word, it does provide that “no person under the age of twenty-one years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage.” (Alcoholic Beverage Control Law § 65-c [1].) Exceptions to the statute for educational and parental-provided alcohol use *867are not relevant here. The statute specifically provides that the only sanctions which can be imposed are: a fine of no more…