Summary
dismissing as moot a challenge to a similarly worded Long Island park regulation
Summary of this case from People of the St. of N.Y. v. BothwellOpinion
Argued September 4, 1987
Decided October 6, 1987
Appeal from the Supreme Court in the Second Judicial Department, Herbert J. Lipp, J.
Denis Dillon, District Attorney (Marea M. Suozzi and Anthony J. Girese of counsel), for appellant.
Douglas J. Furlong, respondent pro se. Robert Abrams, Attorney-General (O. Peter Sherwood, Lawrence S. Kahn and Christopher Keith Hall of counsel), amicus curiae.
Order affirmed. The legal issue raised has been rendered academic by amendment of the regulation to require proof of intent to consume (cf., People v Lee, 58 N.Y.2d 491).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.