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THE PEOPLE, res, v. JESUS RIVERA, def-app

13-048. THE PEOPLE, res, v. JESUS RIVERA, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered September 4, 2012, affirmed.

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13-048. THE PEOPLE, res, v. JESUS RIVERA, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered September 4, 2012, affirmed.

The accusatory instrument charging defendant with public consumption of alcohol (see Administrative Code of City of NY §10-125[b]) was not jurisdictionally defective. Defendant’s intent to consume alcohol in public can be readily inferred from the sworn police allegations that defendant was observed “with an open container of Hennessy on a public sidewalk” (see Administrative Code §10-125[c]). The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis upon which to disturb the trial court’s determinations concerning credibility. Based upon the credited police testimony that defendant was holding a cup of Hennessy in public with a half consumed bottle of Hennessy nearby, the court could rationally infer that defendant possessed an open container with the requisite “intent to drink or consume” the alcoholic beverage contained within it (see People v. Matthews, 48 Misc 3d 1 [App Term, 1st Dept 2015], lv denied 27 NY3d 1002 [2016]; see also People v. Basono, 122 AD3d 553 [2014], lv denied 25 NY3d 1069 [2015]).

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