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PEOPLE v. PIERSON

279 A.D. 509 (1952)

The People of the State of New York, Respondent, v. Fred Pierson, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1952.

Attorney(s) appearing for the Case

Max Fruchtman of counsel (Macy Halpert, attorney), for appellant.

George Tilzer of counsel (Herman J. Fliederblum with him on the brief; George B. DeLuca, District Attorney), for respondent.

DORE, J. P., and VAN VOORHIS, J., concur with COHN, J.; CALLAHAN, J., dissents in opinion in which SHIENTAG, J., concurs.

COHN, J.

The complaint in this action, which was sworn to by the police officer who arrested defendant, states that defendant "in violation of Section 986 of the Penal Law of the State of New York, unlawfully engaged in Book Making, and received sums of money from divers persons as bets upon the results of contingent events, to wit: the results of single action and Bolito policy and double action policy, as appears...

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