Judgment convicting defendant of criminal possession of gambling records in the first degree reversed, on the law and Indictment No. 49989 is dismissed. Judgment rendered under SCI No. 50859 affirmed.
The case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5). Under the circumstances of this case, we find that the People's proof on the possession charge was insufficient to sustain defendant's conviction for possession...
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