Appellate Division of the Supreme Court of New York, 1961

People v. Marchese

People v. Marchese
Appellate Division of the Supreme Court of New York · Decided June 12, 1961
13 A.D.2d 988; 216 N.Y.S.2d 509; 1961 N.Y. App. Div. LEXIS 10328
People v. Marchese

Opinion of the Court

Appeal by defendant from a judgment of the Magistrates’ Court, sitting as a Court of Special Sessions of the City of New York, Queens County, rendered March 21, 1960, convicting him, after a non jury trial, of book-making (Penal Law, § 986), and sentencing him, to serve a term of 30 days in the New York City Workhouse. Pursuant to a certificate of reasonable doubt, defendant is at liberty under bail. Judgment reversed on the law and the facts, information dismissed, defendant discharged and bail exonerated. In our opinion, the proof was insufficient to support the conviction (People v. Richardson, 287 N. Y. 563; People v. Soshtain, 288 N. Y. 658; People v. Marra, 289 N. Y. 703; People v. Carpenito, 292 N. Y. 498; People v. Fiscella, 283 App. Div. 668). Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.