People v. Gargano

Appellate Division of the Supreme Court of New York

People v. Gargano

267 A.D. 776, 45 N.Y.S.2d 549, 1943 N.Y. App. Div. LEXIS 6212

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1943

StatusPublished

Cited by2 cases

This text of 267 A.D. 776 (People v. Gargano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gargano, 267 A.D. 776, 45 N.Y.S.2d 549, 1943 N.Y. App. Div. LEXIS 6212 (N.Y. Ct. App. 1943).

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Opinion

-Defendant was convicted by a City Magistrate, holding a Court of -Special Sessions of the City of New York, Borough of Queens, of a violation of section 986 of the Penal Law (book-making). The information charges that he unlawfully engaged in hook-making; that he received sums of money from divers persons as bets upon the results of horse races to be run, and recorded and registered bets upon the results of horse races to be run. Although defendant might have been found guilty of the crime of forwarding a wager (People v. McGuire, 275 H. Y. 521) there is no evidence to sustain the conviction of the crimes with which he was charged. {People v. Lambrix, 204 H. Y. 261; People v. Richardson, 287 H.' Y. 563; People v. Soshtaim, 288 H. Y. 658; People v. Marra, 289 H. Y. 703.) Judgment of conviction reversed on the law, the information dismissed, and the fine remitted. Close, P. J., Adel and Taylor, JJ., concur; Carswell and Lewis, JJ., dissent and vote to affirm.

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-Defendant was convicted by a City Magistrate, holding a Court of -Special Sessions of the City of New York, Borough of Queens, of a violation of section 986 of the Penal Law (book-making). The information charges that he unlawfully engaged in hook-making; that he received sums of money from divers persons as bets upon the results of horse races to be run, and recorded and registered bets upon the results of horse races to be run. Although defendant might have been found guilty of the crime of forwarding a wager (People v. McGuire, 275 H. Y. 521) there is no evidence to sustain the conviction of the crimes with which he was charged. {People v. Lambrix, 204 H. Y. 261; People v. Richardson, 287 H.' Y. 563; People v. Soshtaim, 288 H. Y. 658; People v. Marra, 289 H. Y. 703.) Judgment of conviction reversed on the law, the information dismissed, and the fine remitted. Close, P. J., Adel and Taylor, JJ., concur; Carswell and Lewis, JJ., dissent and vote to affirm.

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Bluebook (online)

267 A.D. 776, 45 N.Y.S.2d 549, 1943 N.Y. App. Div. LEXIS 6212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gargano-nyappdiv-1943.

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