PEOPLE v. ELHAGE


147 A.D.2d 911 (1989)

The People of the State of New York, Respondent, v. Eric T. Elhage, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 3, 1989


Judgment unanimously affirmed.

Memorandum:

The Open Container Law of the City of Fulton provides in part that "any person who * * * has in his possession any open bottle or container containing alcoholic beverages with the intent to consume the same while such person is upon any public sidewalk, street, highway, parking lot or other such public land, shall be guilty of a violation of this ordinance." We reject defendant's contention that the ordinance is unconstitutional...

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