Legal Opinion
People v. Lee
New York Court of Appeals
Decided March 31, 1983PublishedCited by 48 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
A defendant by a plea of guilty does not forfeit the right on appeal from the conviction to challenge the constitutionality of the statute under which he was convicted. On review of this defendant’s conviction under that principle, we hold the village ordinance prohibiting mere possession in a public place of an open or unsealed container of an alcoholic beverage, without requiring proof of any intent to consume, unconstitutional.
On June 15, 1981 defendant was arrested and charged with violation of section 39-3 of the Village of Monticello Code which provides: “No…
2Cases cited12 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- New York State Liquor Authority v. BellancaSupreme Court of the United States · 1981
- People v. PagnottaNew York Court of Appeals · 1969
- People v. ThomasNew York Court of Appeals · 1981
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- People v. HansenNew York Court of Appeals · 2000
- People v. PelchatNew York Court of Appeals · 1984
- People v. GerberAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GajadharNew York Court of Appeals · 2007
- People v. PlunkettNew York Court of Appeals · 2012
43 more not listed; retrieve them via the Exa API.