People v. Shelley

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed, on the law, information dismissed and fine remitted.

Defendant, a barmaid, was convicted of an offense constituting a misdemeanor for permitting the consumption of an alcoholic beverage, at 4:36 a.m., upon a licensed premises, which was later than one-half hour after the start of the prohibited hour for sale of alcoholic beverages, viz., 4:00 a.m. (see Alcoholic Beverage Control Law, § 106, subd 5, par [b]).

The officers testified that at 4:30 a.m., they had compared their watches to the time announced by a radio…