Per Curiam.
Defendant appeals from a judgment convicting him of receiving money in the game of policy in violation of sections 974 and 975 of the Penal Law after trial in the Court of Special Sessions. He was sentenced to pay a fine of $500 or serve a term of ninety days in City Prison; the fine was paid.
Defendant called no witnesses and did not testify in his own behalf but moved to dismiss at the close of the case and the motion was denied.
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