People v. Pantusco

— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered October 17, 1983, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

At about 3:30 a.m. on March 15, 1983, two police officers observed defendant carrying an open bottle of liquor on Broadway in the City of Kingston in Ulster County. The officers arrested defendant for violation of the city’s open containers law, which makes it unlawful “for any person to appear on a public highway or thoroughfare * * * in possession of an open container which contains any form of…