Judgment of conviction reversed on the law and facts and indictment dismissed.
Memorandum:
Although the indictment fails to name any specific section of the Penal Law, there cannot be any doubt that appellant was indicted, tried and convicted of "Keeping a Room Used for Gambling," in violation of section 973 of the Penal Law. However, the only proof offered by the People tended to prove appellant guilty of the crime of either bookmaking or receiving money...
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