From Casetext: Smarter Legal Research

People v. Stumpp

Supreme Court, Appellate Term, Second Department
May 28, 1986
132 Misc. 2d 3 (N.Y. App. Term 1986)

Summary

affirming conviction for obstructing governmental administration where defendant refused access to police to books and records of his pub in derogation of Alcoholic Beverage Control Law

Summary of this case from People v. Hamilton

Opinion

May 28, 1986


Appeal from the District Court of Suffolk County, First District, John A. Carroll, J.

Ronald C. Schule, P.C., for appellant.

Patrick Henry, District Attorney (Ronald E. Lipetz of counsel), for respondent.

MEMORANDUM.

Judgment of conviction affirmed.

Since a police officer is permitted to inspect premises selling liquor for on-premises consumption and since such inspection includes the right to inspect books and records, the defendant was properly convicted of obstructing governmental administration for refusing access to his books and records (see, Penal Law § 195.05; Alcoholic Beverage Control Law §§ 106, 130; Matter of Barski v State Liq. Auth., 285 App. Div. 996).

DI PAOLA, P.J., SLIFKIN and WIDLITZ, JJ., concur.


Summaries of

People v. Stumpp

Supreme Court, Appellate Term, Second Department
May 28, 1986
132 Misc. 2d 3 (N.Y. App. Term 1986)

affirming conviction for obstructing governmental administration where defendant refused access to police to books and records of his pub in derogation of Alcoholic Beverage Control Law

Summary of this case from People v. Hamilton
Case details for

People v. Stumpp

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER STUMPP…

Court:Supreme Court, Appellate Term, Second Department

Date published: May 28, 1986

Citations

132 Misc. 2d 3 (N.Y. App. Term 1986)
505 N.Y.S.2d 758

Citing Cases

Uzoukwu v. City of N.Y.

The sole case defendants cite to support the district court's equivocal answer is inapposite because it does…

Shaheed v. City of N.Y.

Accordingly, the elements of the crime are: (1) intent; (2) preventing or attempting to prevent the…