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PEOPLE v. FITZGERALD

56 Misc.2d 511 (1968)

The People of the State of New York, Plaintiff, v. James Fitzgerald, Defendant. The People of the State of New York, Plaintiff, v. Sal Nicolette, Defendant.

City Court of Utica.

January 19, 1968

Attorney(s) appearing for the Case

Arthur A. Darrigrand, District Attorney (Richard D. Enders of counsel), for plaintiff. Durr & Keinz (Donald E. Keinz of counsel), for defendants.

HAROLD H. HYMES, J.

The defendants above named have moved for dismissal of an information charging them with violation of section 225.05 of the Penal Law, to wit, promoting gambling in the second degree. That section states "A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity."

They object to the information on the ground...

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