Opinion
September 19, 1995
Appeal from the Supreme Court, New York County [Joan Lobis, J.].
The testimony of the undercover police officer and the sworn affidavits of the minor provided substantial evidence to support the charges. The minor's conduct in purchasing beer from the bartender was open and observable and could have been prevented by the exercise of reasonable diligence ( see, Matter of Park II Villa Corp. v New York State Liq. Auth., 141 A.D.2d 646, 647, quoting Matter of 4373 Tavern Corp. v New York State Liq. Auth., 50 A.D.2d 855, 856). Although the issue is not raised, we question the use of the summonsing officer's brother's female friend to make the illegal purchase. The penalty of 30 days suspension and a $1,000 bond forfeiture is not excessive.
Concur — Sullivan, J.P., Rubin, Kupferman, Asch and Nardelli, JJ.