PEOPLE v. BURNS


304 N.Y. 380 (1952)

The People of the State of New York, Respondent, v. Edward Burns, Appellant.

Court of Appeals of the State of New York.

Decided July 15, 1952


Attorney(s) appearing for the Case

Walter J. Mahoney and George M. Donohue for appellant.

Jack E. Gellman, District Attorney, for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


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.

Judgments...

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