¶ The operative facts are concisely stated in the dissenting memorandum. At the suppression hearing, Officer Vega testified that the defendant was one of the "players or backers" in the dice game. There was no testimony at the hearing that the defendant was "advancing" or "profiting" from gambling activity (Penal Law, § 225.00, subds 4, 5). Therefore, Officer Vega could not have reasonably suspected that the defendant was promoting gambling in the second degree...
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