People v. Leonard

Defendant was charged with and convicted, after a jury trial in a Court of Special Sessions, of selling an alcoholic beverage to a minor under the age of 18 years, in violation of subdivision 1 of section 65 of the Alcoholic Beverage Control Law. The County Court of Suffolk County reversed the conviction as a matter of law and dismissed the information. In its memorandum the County Court said: “in the absence of an analysis or other competent evidence as to the contents of the drink the People have failed to prove that it was an alcoholic beverage which had been served ’ ’.

Defendant is the…