Opinion
January 26, 1960
Determination of the New York State Liquor Authority is unanimously annulled on the law and the suspension order is vacated, without costs. There was no substantial evidence of a violation of subdivision 1 of section 65 Alco. Bev. Cont. of the Alcoholic Beverage Control Law. Under the admittedly crowded conditions at the premises, the proof of the alleged sale or delivery to a minor and the proof of the contents of the glass as an alcoholic beverage were too speculative to sustain a charge of violation of the statute.
Concur — Botein, P.J., Breitel, Valente, McNally and Stevens, JJ.