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PEOPLE v. STIFFEL

61 Misc.2d 1100 (1969)

The People of the State of New York, Respondent, v. Arthur R. Stiffel and Stiffel Restaurant Corp., Appellants.

Supreme Court, Appellate Term, Second Department.

November 26, 1969

Attorney(s) appearing for the Case

Speno, Goldberg, Moore & Margules (Clifford A. Royael of counsel), for appellants. William Cahn, District Attorney (Gino Papa of counsel), for respondent.

Concur — HOGAN, P. J., GULOTTA and GLICKMAN, JJ.

Per Curiam.

Wagering by the participants on the outcome of a game of skill is not gambling and billiards is a game of skill (People ex rel. Ellison v. Lavin, 179 N.Y. 164).

The judgments of conviction should be unanimously reversed on the law and facts, information dismissed and fine remitted.

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