PEOPLE v. SHELLEY


103 Misc.2d 1087 (1980)

The People of the State of New York, Respondent, v. Doreen Shelley, Appellant.

Supreme Court, Appellate Term, Second Department.

July 11, 1980.


Attorney(s) appearing for the Case

H. Glen Hall for appellant. Carl A. Vergari, District Attorney (Michael F. Sirignano and Gerald D. Reilly of counsel), for respondent.

Concur: FARLEY, P. J., PITTONI and GELLER, JJ.


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...

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