Legal Question in Criminal Law in New York

Alcohol Sale to Minor Sting

The New York State Police conducted a sting at my Mobil gas station using a 17 yr old with a beard who looked not a day under 25. Two times I asked him if he was over 21, both times he said yes but forgot his ID, so I sold it to him. I was charged with Unlawful dealing with a child, and illigal sale of alcohol. My question was whether or not the 17 yr old was allowed to lie to me about his age, and whether the state police was allowed to use someone who looked so old. Thank you for any help with this matter.


Asked on 10/19/03, 5:44 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Alcohol Sale to Minor Sting

This cannot be anything but a nightmare to you. You clearly just want to run your business, make a living, and live your life..

This is a classic 'entrapment'. You would not have committed the crime without the assistence of the police. They 'entrapped' you by sending a 'decoy' (person who looked 25+).

Because the Penal Code prohibits "selling/giving alchohol to a minor" and not 'selling/giving to a person without identification', you have a good chance on this one.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/20/03, 11:30 am


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