People v. Burns

107 N.E.2d 498, 304 N.Y. 380
New York Court of Appeals·Decided July 15, 1952·Published·Cited by 11 cases

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

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