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PEOPLE v. BYRNE

77 N.Y.2d 460 (1991)

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

Court of Appeals of the State of New York.

Decided February 19, 1991.

Attorney(s) appearing for the Case

Nicholas E. Tishler for appellant.

Robert T. Johnson, District Attorney (Stanley R. Kaplan and Peter D. Coddington of counsel), for respondent.

David J. Wukitsch for New York State Restaurant Association and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

Section 65 (1) of the Alcoholic Beverage Control Law prohibits the sale of alcoholic beverages to minors, and section 130 (3) makes a violation of that prohibition a misdemeanor. It is well established that the crime created by these statutes is one of "strict liability" for which proof of the accused's guilty knowledge or intent is not required (e.g., People v Leonard,

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