Opinion
570070/00.
Decided December 11, 2003.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered November 6, 2000 after a nonjury trial (Harvey Glasser, J.H.O.) convicting him of two counts of public consumption of alcohol (Administrative Code of City of NY, § 10-125), and imposing sentence.
Judgment of conviction rendered November 6, 2000 (Harvey Glasser, J.H.O.) modified, on the law, to vacate defendant's conviction under docket number 2000SN091344 and to dismiss the accusatory instrument relating thereto and, as modified, judgment affirmed.
HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The accusatory instrument charging defendant with public consumption of alcohol under the above-cited docket number was jurisdictionally defective, since it failed to allege either that defendant drank or consumed an alcoholic beverage or possessed, "with intent to drink or consume," an open container containing an alcoholic beverage (Administrative Code of City of NY, § 10-125; see generally, People v. Tarka, 75 NY2d 996).
The verdict under the remaining docket was based on legally sufficient evidence and was not against the weight of the evidence.
We have considered and rejected the defendant's remaining arguments.
This constitutes the decision and order of the court.