PEOPLE v. BYRNE


128 Misc.2d 448 (1985)

The People of the State of New York, Appellant, v. James Byrne, Respondent.

Supreme Court, Appellate Term, First Department.

March 21, 1985


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Peter D. Coddington and Stuart L. Sanders of counsel), for appellant. Ecker, Loehr & Ecker (Louis A. Ecker of counsel), for respondent.

RICCOBONO and SANDIFER, JJ., concur; DUDLEY, P. J., dissents in a separate memorandum.


Per Curiam.

Order dated December 29, 1983 modified by reversing, on the law, so much thereof as granted defendant's motion to dismiss the complaint, the complaint is reinstated, and the matter remanded to the Criminal Court for further proceedings; as modified, order affirmed.

The criminal complaint, as amended, alleged that one Thomas Byrne sold or caused or permitted to be sold alcoholic beverages to persons under the age of 19 years at a Bronx tavern in...

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