PEOPLE v. LEE


58 N.Y.2d 491 (1983)

The People of the State of New York, Respondent, v. Alton Lee, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1983.


Attorney(s) appearing for the Case

Carl Silverstein and Morris Gindi for appellant.

Stephen L. Oppenheim, Village Attorney, for respondent.

Judges WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Chief Judge COOKE dissents and votes to affirm in a separate opinion in which Judges JASEN and SIMONS concur.


JONES, J.

A defendant by a plea of guilty does not forfeit the right on appeal from the conviction to challenge the constitutionality of the statute under which he was convicted. On review of this defendant's conviction under that principle, we hold the village ordinance prohibiting mere possession in a public place of an open or unsealed container of an alcoholic beverage, without requiring proof of any intent...

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