Legal Opinion
People v. Byrne
New York Court of Appeals
Decided February 19, 1991PublishedCited by 24 opinions
1Opinion of the Court
*463OPINION OF THE COURT
Titone, J.
Section 65 (1) of the Alcoholic Beverage Control Law prohibits the sale of alcoholic beverages to minors, and section 130 (3) makes a violation of that prohibition a misdemeanor. It is well established that the crime created by these statutes is one of "strict liability” for which proof of the accused’s guilty knowledge or intent is not required (e.g., People v Leonard, 8 NY2d 60; People v Werner, 174 NY 132). The question presented on this appeal is whether these statutes also create a crime of "vicarious liability,” permitting conviction of a natural person for…
2Cases cited12 opinions
- United States v. DotterweichSupreme Court of the United States · 1943
- Bray v. CoxNew York Court of Appeals · 1976
- People v. . WernerNew York Court of Appeals · 1903
- People v. CorleyNew York Court of Appeals · 1986
- Hershorn v. PeopleSupreme Court of Colorado · 1941
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. LetterloughNew York Court of Appeals · 1995
- George St. Helen v. Daniel A. SenkowskiCourt of Appeals for the Second Circuit · 2004
- In re HellerAppellate Division of the Supreme Court of the State of New York · 2005
- People v. Premier House, Inc.Criminal Court of the City of New York · 1997
- People v. Highgate LTC Management, LLCAppellate Division of the Supreme Court of the State of New York · 2009
19 more not listed; retrieve them via the Exa API.