People v. Cunningham

OPINION OF THE COURT

Analisa Torres, J.

Defendant, Merlin Cunningham, is charged with consuming alcohol in public, in violation of Administrative Code of the City of New York § 10-125 (b).

On April 7, 2001, Officer Robert F. McPartland served defendant with what is commonly known as a “universal summens.”*185* The accusatory instrument states that on that date, at 234 West 33rd Street in Manhattan, Officer McPartland observed defendant “consume a 24 [ounce] can of St. Ide[’]s Malt Liquor in a public placet,] * * * Penn Station, a transportation facility.”

Administrative Code § 10-125 (b) provides…