People v. Ryan

• Decision Date: 27 April 1937
• Parties: PEOPLE v. RYAN.
• Court: New York Court of Appeals Court of Appeals

274 N.Y. 149
8 N.E.2d 313

PEOPLE
v.
RYAN.

Court of Appeals of New York.

April 27, 1937.

Joseph Ryan was indicted for carrying liquor and wine into the state of New York in violation of the provisions of subdivision 1(d) of section 102 of the Alcoholic Beverage Control Law (Consol.Laws, c. 3-B), and from an order of the Appellate Division (248 App.Div. 236, 289 N.Y.S. 141), unanimously reversing on the law an order of the County Court dismissing the indictment, he appeals.

Reversed, and County Court's order affirmed.

[8 N.E.2d 314]

Appeal from Supreme Court, Appellate Division, Second department.
Jerome A. Peck and Irving E. Toohill, both of Port Chester, for appellant.

Walter A. Ferris, Dist. Atty., of White Plains (William F. Horan and Thomas D. Scoble, Jr., both of White Plains, of counsel, for the People.

John J. Bennett, Jr., Atty. Gen. (John C. Crary, of New York City, Henry Epstein, of Albany, John F. X. McGohey and Colin McLennan, both of New York City, of counsel), for the State.

Benjamin I. Tunick, of Mt. Vernon, for Westchester Package Stores, Inc., amicus curiae.

RIPPEY, Judge.

Defendant was indicted for carrying liquor and wine into the State of New York in violation of section 102, subdivision 1(d), of the Alcoholic Beverage Control Law (Consol.Laws, c. 3-B) which reads as follows: ‘No common carrier or other person shall bring or carry into the state any liquors and/or wines, unless the same shall be consigned to a person duly licensed hereunder to traffic in liquors and/or wines, as the case may be.’

Motion was made by defendant for an inspection of the minutes of the grand jury. The record before this court contains those minutes and the affidavits and moving papers upon which the County Court of Westchester county dismissed the indictment. Defendant waived immunity and testified before the grand jury. It appears from the record that defendant needed a particular manufacture of wine for medicinal purposes which he did not find available within the State of New York. He had found the desired wine at one of the A. & P. stores in Danbury, Conn. Another such store was located upon the Post road in the town of Greenwich, in the State of Connecticut, a short distance from the New York State line. On December 14, 1935, defendant procured in this store eleven bottles of wine and one bottle of hard liquor, placed it in his car and then proceeded across the State line into the State of New York. Employees of the Westchester Retail Liquor Dealers Association...