The defendant, not being represented by counsel at the time, pleaded guilty to a violation of paragraph (a) of subdivision 5 of section 106 of the Alcoholic Beverage Control Law, the information charging that he did sell or give away a bottle of beer at 12:45 on a Sunday morning. The defendant was not a licensee and the information did not allege that he was a licensee.
No person other than a licensee can be guilty of violating section 106 of the Alcoholic Beverage Control Law, since the Legislature apparently intended that the licensee and he alone
A criminal statute must be strictly construed. (People v. Schmidt, 221 App. Div. 77.) A person who pleads guilty to an information that charges no crime should and must have his conviction reversed.
The judgment of conviction herein is a nullity. Judgment appealed from reversed.