Opinion
Submitted October 6, 1944
Decided November 16, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, D'ANDREA, C.M.
Charles P. Sullivan, District Attorney ( James F.T. Delaney of counsel), for appellant.
C. Joseph Danahy for respondent.
Order of Appellate Division reversed and judgment of Court of Special Sessions affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, DESMOND and THACHER, JJ.
RIPPEY and CONWAY, JJ., dissent upon the ground that there is no prohibition, in the Alcoholic Beverage Control Law, of the act charged against the defendant and that such prohibition may not be implied. ( People v. Wallace Company, 282 N.Y. 417, 419; People v. Nelson, 153 N.Y. 90, 94; People v. Weinstock, 193 N.Y. 481, 485.)