People v. Burns

107 N.E.2d 498, 304 N.Y. 380
CourtNew York Court of Appeals
DecidedJuly 15, 1952
StatusPublished
Cited by11 cases

This text of 107 N.E.2d 498 (People v. Burns) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Burns, 107 N.E.2d 498, 304 N.Y. 380 (N.Y. 1952).

Opinion

Per Curiam.

In the record before us requisite proof is lacking that participants in the game upon which the indictment is based were “ persons who have paid * * * consideration for the chance ” so as to constitute a lottery within the meaning of section 1370 of the Penal Law (People v. Shafer, 273 N. Y. 475).

The judgments should be reversed and the indictment dismissed.

Lohghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.

Judgments reversed, etc.

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Bluebook (online)
107 N.E.2d 498, 304 N.Y. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burns-ny-1952.