Defendant's suppression motion was properly denied. The arresting officer's testimony that he observed defendant "playing a shell game" involving manipulation of bottle caps while several persons looked on, in a manner the officer recognized, in light of his training and experience, to be unlawful gambling activity, gave rise to probable cause supporting defendant's arrest for promoting gambling in the second degree (Penal Law § 225.05; see, People v McRay,
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PEOPLE v. HARVELL
270 A.D.2d 108 (2000)
704 N.Y.S.2d 78
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT HARVELL, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided March 16, 2000.
Decided March 16, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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