People v. Corie
This text of 196 Misc. 1029 (People v. Corie) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant, not being represented by counsel at the time, pleaded guilty to a violation of paragraph (a) of subdivision 5 of section 106 of the Alcoholic Beverage Control Law, the information charging that he did sell or give away a bottle of beer at 12:45 on a Sunday morning. The defendant was not a licensee and the information did not allege that he was a licensee.
No person other than a licensee can be guilty of violating section 106 of the Alcoholic Beverage Control Law, since the Legislature apparently intended that the licensee and he alone [1030]*1030should be responsible for the conduct of the premises. As was stated in People v. Flanagan (152 Misc. 916, 917): “ There is nothing in the law * * * making any of the provisions of section 106 applicable to a person other than the licensee.”
A criminal statute must be strictly construed. (People v. Schmidt, 221 App. Div. 77.) A person who pleads guilty to an information that charges no crime should and must have his conviction reversed.
The judgment of conviction herein is a nullity. Judgment appealed from reversed.
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Cite This Page — Counsel Stack
196 Misc. 1029, 93 N.Y.S.2d 781, 1949 N.Y. Misc. LEXIS 2992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corie-nycountyct-1949.