The court erroneously charged concerning the statutory presumption applicable to one possessing gambling records. Subdivision 1 of section 225.35 of the Penal Law provides as follows: "1. Proof of possession of any gambling device or of any gambling record specified in sections 225.15 and 225.20, is presumptive evidence of possession thereof with knowledge of its character or contents." The court herein charged that, once the People proved possession of a policy slip, "the...
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