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TOH 77-2 — Have In His Possession An Open Or Unsealed Container Of An Alcoholic Beverage While In Any Public Place For The Purpose Of Consuming Such Alcoholic Beverage By Himself Or Another In Any Public Place

Violation · 232 cases across 1 counties · 2024–2025

Under TOH § 77-2 (Have In His Possession An Open Or Unsealed Container Of An Alcoholic Beverage While In Any Public Place For The Purpose Of Consuming Such Alcoholic Beverage By Himself Or Another In Any Public Place), 25.3% of 232 cases statewide were dismissed and 74.7% resulted in conviction, based on 2024–2025 OCA arraignment data across 1 New York counties.

Dismissal rate includes judicial dismissals and cases dismissed in the interest of justice. Conviction rate includes guilty pleas and findings of guilt at trial. Have In His Possession An Open Or Unsealed Container Of An Alcoholic Beverage While In Any Public Place For The Purpose Of Consuming Such Alcoholic Beverage By Himself Or Another In Any Public Place is classified as a Violation under New York law. Data sourced from the NYS Office of Court Administration (OCA) STAT Act. Covers criminal court arraignments in 2024–2025, updated monthly. Last updated: March 2026

232
Total Cases
25.3%
Dismissal Rate
74.7%
Conviction Rate
1
Counties

See also: All Other charges (DCJS data, 2019–2024) for pretrial release, bail, and charge reduction data.

What the Data Shows

Have In His Possession An Open Or Unsealed Container Of An Alcoholic Beverage While In Any Public Place For The Purpose Of Consuming Such Alcoholic Beverage By Himself Or Another In Any Public Place (TOH § 77-2) is a Violation under New York law. Based on 232 arraignments across 1 counties in 2024–2025:

  • Dismissal rate: 25.3% of cases are dismissed statewide, though rates vary significantly by county
  • Conviction rate: 74.7% of cases result in conviction, including guilty pleas and trial verdicts
  • Geographic variation: Click any county below for specific fines, sentencing breakdowns, and dismissal reasons

These statistics reflect aggregate outcomes and do not predict individual case results. For legal guidance, consult a licensed New York attorney.

Outcomes by County

County Cases Dismissal Rate Conviction Rate
Nassau 232 25.3% 74.7%

Common Questions

Statistics from public court records for informational purposes only. Not legal advice. Past outcomes do not predict future results.

TOH 77-2 is the New York statute for Have In His Possession An Open Or Unsealed Container Of An Alcoholic Beverage While In Any Public Place For The Purpose Of Consuming Such Alcoholic Beverage By Himself Or Another In Any Public Place, classified as a Violation. Based on 232 arraignments in 2024–2025, 25.3% of cases are dismissed and 74.7% result in conviction.
Outcomes for Have In His Possession An Open Or Unsealed Container Of An Alcoholic Beverage While In Any Public Place For The Purpose Of Consuming Such Alcoholic Beverage By Himself Or Another In Any Public Place vary across 1 New York counties. Click any county in the table above for detailed statistics including sentencing, fines, and demographic breakdowns.
This data comes from the New York State Office of Court Administration (OCA) STAT Act data, covering criminal court arraignments in 2024–2025. The data is updated monthly, generally on the 6th of each month. For guidance on your case, consult a licensed New York attorney.

Data source: NYS OCA-STAT Act (2024–2025). 232 cases analyzed. Last updated March 2026. — NewYorkCourtFile.com

Next Step

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