Opinion
February 10, 1994
Appeal from the Supreme Court, Nassau County [Ralph Yachnin, J.].
Although there were minor inconsistencies in some of the testimony, and the beer served in cups could not be traced by either the underage patrons or the undercover officers to a particular tap in an establishment that also served non-alcoholic beer, there was nonetheless substantial evidence to sustain respondent's findings. Several underage patrons identified the beer they were served by brand name, one testified that she was served beer in a bottle, and several persons testified that underage persons were served mixed alcoholic drinks. Concerning the penalty, we take notice that petitioner's disco is accessible primarily by automobile and located near more than one large university, as well as the fact that the underlying conduct occurred while charges for similar prohibited activity on other occasions were pending, and find that it was not excessive.
Concur — Murphy, P.J., Sullivan, Ross, Rubin and Tom, JJ.