People v. Wade

Gordon, City Magistrate.

Since my decision herein (126 Misc. 574) in People v. Barbera (N. Y. L. J. March 20, 1926) occasion was found by another magistrate to refuse it recognition. It appears from the report of that case that there, there was no public sale, service or consumption, in fact not even proof of possession of intoxicating liquor. The discharge of the defendants was apparently justified.

*763The learned magistrate’s vigorous dissent necessitates a further reference, not to what was, but to what was not, decided by me. It was not held that the Eighteenth Amendment of the United States…