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Judgment affirmed. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Breitel, JJ.; Callahan, J., dissents and votes to reverse in the following memorandum: The information charges the defendant with book-making on a specific date. The evidence was insufficient to establish
*652 commission of that crime. That the evidence might show violation of section 986 of the Penal Law in another respect — that of maintaining a place for book-making with paraphernalia — would not justify conviction of the different crime charged herein.
Document Info
Citation Numbers: 281 A.D. 651
Filed Date: 12/2/1952
Precedential Status: Precedential
Modified Date: 1/12/2023