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PEOPLE v. TORRES

54 Misc.2d 355 (1967)

The People of the State of New York, Respondent, v. Antonio Torres, Appellant.

Supreme Court, Appellate Term, First Department.

July 5, 1967

Attorney(s) appearing for the Case

Otto F. Fusco for appellant. Isidore Dollinger, District Attorney (Roy Broudny of counsel), for respondent.

GOLD and MARKOWITZ, JJ., concur; HOFSTADTER, J. P., dissents in dissenting memorandum and votes to affirm.

Per Curiam.

Possession of two unused, unplayed and intact booklets of boli-pol is not violative of section 975 of the Penal Law. There was no proof of wager nor that defendant was otherwise engaged in "policy".

The judgment of conviction should be reversed on the law and the facts and the complaint dismissed.

HOFSTADTER, J. P.

Section 975 of the Penal Law makes a misdemeanor knowing possession of writings which are records...

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