People v. Stentella
Criminal Court of the City of New York
1Opinion of the CourtJerome M. Kay, J.
The motion to dismiss is granted and the defendant is found not guilty on the facts and the law.
This is an action under subdivision 5 of section 106 of the Alcoholic Beverage Control Law. The People’s testimony indicated that an alcoholic beverage was consumed in the defendant licensee’s establishment five minutes after the prescribed time set forth in said section. (The police officer testified that he observed someone drinking beer in the premises at 4:35 A.M.)
No case has been brought to this court’s attention interpret*516ing the pertinent subdivision 5 of section 106 of the Alcoholic Beverage…
2Cases cited11 opinions
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- Migliaccio v. O'ConnellNew York Court of Appeals · 1954
- Playboy Club v. State Liquor AuthorityNew York Court of Appeals · 1969
- People v. LeonardNew York Court of Appeals · 1960
- Missouri Realty Corp. v. New York State Liquor AuthorityNew York Court of Appeals · 1968
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3Cited by1 opinion
- People v. ShelleyAppellate Terms of the Supreme Court of New York · 1980