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PEOPLE v. COURTESY MOBIL

3 Misc.3d 11 (2003)

776 N.Y.S.2d 692

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COURTESY MOBIL and SOCONY MOBIL, Appellants.

Supreme Court, Appellate Term, Second Department.

December 23, 2003.

Attorney(s) appearing for the Case

Marx & Aceste, LLP, White Plains (Vincent J. Aceste and Sally Ann Zullo of counsel), for appellants.

Susan A. Mancuso, Town Attorney, Elmsford (Edward M. Lieberman of counsel), for respondent.

DOYLE, P.J., LIFSON and RUDOLPH, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal by defendant Courtesy Mobil unanimously dismissed as no judgment of conviction was entered against Courtesy Mobil and thus it is not aggrieved.

Judgment of conviction insofar as it is appealed from by Socony Mobil unanimously reversed on the law and accusatory instrument dismissed.

Defendants were charged with "non-permitted sale of beer" in violation of section 285-36 (O) (6) of the Town Code of Greenburgh...

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